April 1, 2010 Edition
Bend over backwards for your clients!


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HEALTH CARE REFORM LEGISLATION - Is now the law of the land.  President Obama signed the Patient Protection and Affordable Care Act into law on March 23.  That legislation was quickly modified when the President signed the Health Care and Education Reconciliation Act into law on March 30.  Anticipating that many advisors and their clients have questions about the legislation and its impact on them and their families, we've prepared a Summary of the Patient Protection and Affordable Care Act of 2010.  Virtual Sales Assistant subscribers can print personalized copies of the summary for mailing or e-mailing to their clients.  

HEALTH CARE CONTROVERSIES - Not surprisingly, the new health care reform package is already generating its share of controversies.  Here are a couple of them:
  • Insurance for children with pre-existing conditions:  Beginning this year, the intention of the legislation is to forbid health insurers from denying coverage to children with pre-existing conditions. Apparently the wording in the legislation on this subject, however, isn't crystal clear and could be interpreted to say that if health insurance is provided for a child, the insurance must cover pre-existing conditions, but that the law doesn't require insurers to actually provide insurance for a child.  After a dust-up between the Administration and AHIP (America's Health Insurance Plans), insurers have agreed to comply with the intent of the new law, meaning that children cannot be denied coverage due to pre-existing conditions effective September 23, 2010.
  • Prescription drug subsidy:  When the Medicare prescription drug law passed in 2003, corporations that provided retirees with a prescription drug benefit received a 28% subsidy from Medicare funds.  The corporations received the subsidy tax free and were also allowed to deduct the subsidy from their taxable income.  Beginning in 2013, the new law will no longer allow the deduction for the subsidy.  Corporations are claiming its a tax hike, while the White House says a loophole that lets companies receive a tax-free subsidy and then take a deduction for it has been closed.
STATES FILE SUIT - Attorneys general from 14 states across America (Virginia went to court separately) filed lawsuits challenging an overhaul of America's $2.5 trillion healthcare system. One joint lawsuit claims the sweeping reforms violate state-government rights in the U.S. Constitution and will force massive new spending on hard-pressed state governments. Other suits focus on the constitutionality of the government forcing individuals to buy insurance policies from private carriers. We have no idea as to the constitutionality issue, but anything that may require 16,000 new IRS agents to enforce sure doesn't appear good!

HEALTHCARE SECTOR IMPACT - Health insurance companies may find their earnings squeezed before the requirement that every individual buy insurance kicks in. Those companies will be required to cover those with pre-existing conditions and there may be fewer healthy customers to help offset the costs. The law gives the government the power to specify the ratio of pay out in medical care versus salaries, administrative costs and profit, as well as the power to regulate premiums. Insurances companies may find it difficult to make a profit. However, drug makers and medical-device makers may be able to prosper under the new law, despite having to pay $28 billion in fees over 10 years, as millions of previously uninsured individuals who could not previously afford their products now may be able to do so. Hospitals, with fewer unpaid bills, may do well.

NATIONAL CREDIT RATINGS – Just a couple of weeks after Moody's warned that America's AAA bond rating may be downgraded, Fitch Ratings cut Portugal's credit grade to "AA-" with a negative outlook and Greece "slipped" completely off the financial map.

YE OLE DEBT CLOCK – The U.S. Debt Clock at www.usdebtclock.org is always "fun" to watch...unfunded liabilities for SS, prescription drugs and Medicare are now at $1.8 trillion or $349,705 per citizen.  Further the CBO just announced that the 10 year deficit prediction has deteriorated by almost $8 trillion since 2008 when the CBO outlook projected a $247 billion surplus for 2009 through 2018. Now we are looking at a $7.4 trillion deficit. Notice none of these figures include the new health care program. Causes?  Social security (an expected $2.3 trillion surplus changed to a net negative), the economic "stimulus" bill, increased funding for the war in Afghanistan, extended unemployment benefits and interest.

FAILING STATES – At least eight U.S. states (probably more) are showing many of the same signs of debt overload that recently took Greece to the brink – unbalanced budgets, the use of derivatives to plug holes, armies of retired public workers who are counting on benefits and accounting that masks debt. As Bernie and the Greeks found out, you can only hide the "debt devil" for so long. Good news is that a recent Goldman Sachs study concluded the states were very unlikely to default on their debt since the states had 30 years to close pension shortfalls.


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NEXT UP: FINANCIAL REGULATORY REFORM - It looks like financial regulatory reform will become the next Congressional battleground, with the unveiling of Senate Banking Committee legislation.  Click here for highlights of the proposed bill.

Reaction to the proposed legislation can be summed up by the 'pro and con' that follow:

Pro from the Seattle Times: A comprehensive package of financial regulatory reforms voted out of the Senate Banking Committee is fundamental to restoring the credibility of the U.S. financial system and rebuilding the strength of the economy. Sen. Christopher Dodd, D-Conn., chairman of the Senate Banking Committee, has set out a bill with a key remedial step: creation of a consumer protection agency. American consumers suffered for lack of trustworthy information about a variety of financial products. The legislation would end "too big to fail" by imposing new capital and leverage requirements on financial firms. The bill also seeks to regulate and generally tighten rules on the most exotic investments. Transparency and accountability are words that get heavy use, whether the topic is investments or the practices of credit-rating agencies. Too much of the economy operated out of sight and in the shadows, until things went bad, and financial firms needed lucrative bailouts.

Con from the Heritage Organization: The Senate Banking Committee's plan would create a new Consumer Financial Protection Bureau that would almost certainly work at cross-purposes with other regulators charged with ensuring the safety and soundness of institutions. The bill would establish a powerful Financial Stability Oversight Council; but none of the nine existing regulators foresaw the present crisis, so it's hard to see how this new council will prevent the next one. Regulators would have the power to seize and liquidate financial firms that they feel are in trouble, even if investors and board members didn't agree. The bill would create a $50 billion fund to be used to help finance these forced liquidations; this is nothing more than a permanent Troubled Asset Relief Program fund. This is the wrong approach to fixing our financial markets. The focus should be on establishing an effective bankruptcy system for large financial firms to allow failures to be addressed in the same way failure is addressed in other industries

REGULATORY REFORM SUPPORT - Industry representatives voiced strong support for a provision that asks the SEC for a study on whether investment advisers and broker-dealers should be held to a fiduciary standard when selling investment products. Consumer groups oppose the decision to remove language contained in an earlier version of the reform legislation imposing a blanket fiduciary standard for investment product sales, but support provisions in the bill strengthening government regulation of ratings agencies. On another issue, the American Council of Life Insurers was critical of Senator Dodd's decision to include life insurers among the financial services groups that will be forced to contribute in advance to a fund that will be used to resolve troubled large financial firms.

HAMP DIDN'T WORK - According to the Treasury's Special Inspector General for the Troubled Asset Relief Program, the  U.S. program intended to help homeowners avoid foreclosure - the Help for America's Homeowners Program - has been oversold by the Treasury Department and will likely be considered a failure when it ends in 2012. According to the report, even if the program finishes with 1.5 million to 2 million homeowners receiving new, favorable terms on their loans, "the program will not be a long-term success if large amounts of borrowers simply re-default and end up facing foreclosure anyway."

BUT TARP DID - According to an article in The Washington Post, "No one likes TARP, but it's working."  It looks like the $700 billion TARP program may end up costing taxpayers "just" 16% of that total ($109 billion), with AIG and the auto industry accounting for most of the loss.  It's starting to look like the government's investments in troubled banks may pay off, with Uncle Sam standing to make a $8 billion profit on its Citigroup investment.    

HARTFORD REPAYS - This week, The Hartford paid back the $3.4 billion that it received from TARP.  The company sold $2.4 billion in stock and debt and also used cash on hand to buy back the preferred shares that it had issued to the Treasury Department.  The Treasury also received a final dividend of about $21.7 million on the stock.

SOCIAL SECURITY, CASH BASIS – How quickly things change. This from an recent article, "By 2016, Social Security will begin paying more in benefits than it collects in payroll taxes, according to the annual report of government trustees; reserves in the form of government IOUs will be exhausted by 2037." Actually, the Social Security trust fund began paying out more than it receives this month.

STILL CAMPAIGNING – Charles Schumer of New York, former chairman of the Democratic Senatorial Campaign Committee, attempted to close the sale on the newly enacted health care reform bill by predicting  that, "As people learn about the bill, it's going to be more and more popular. By November, those who voted for health care will find it an asset, those who voted against it will find it a liability."  However, a new Gallup Poll reveals that "Nearly two-thirds of Americans say the health care overhaul signed into law last week costs too much and expands the government's role in health care too far."  Time will tell!


NEW NAIFA CEO - NAIFA has named Susan Waters as its chief executive officer.  Ms. Waters had been the acting CEO since this past December.  More information is available at www.naifa.org.  

HOMEBUYER CREDIT EXPIRING - First-time homebuyers may qualify for up to an $8,000 tax credit but sales contracts need to be signed by the end of April and close before July 1. This is "absolutely, positively" your last chance...but who really knows. It might be extended for a third time.

AGENTS' THOUGHTS ON PPACA - About 88% of health insurance agents are expecting the new Patient Protection and Affordable Care Act to drive up group health rates and 92% believe it will increase premiums in the individual market. In addition, 65% expect the role of the health insurance agent to decrease because of the new law, but about 19% expect the role of the agent to increase as a result of PPACA.

HEALTH SAVINGS ACCOUNTS - The good news is that the health care reform legislation appears to have a minimal impact on HSAs: effective January 1, 2011, tax-free HSA distributions may not be used to purchase over-the-counter drugs not prescribed by a doctor and the tax on HSA distributions not used for qualified medical expenses will increase from 10% to 20%.  Potentially even better news is that the legislation may cause more employers and individuals to take a closer look at using HSAs in conjunction with high-deductible health plans.  If you're interested in an online HSA resource, check out HSAcenter.com.  

HIDDEN ANNUITY TAX - The bad news is that the health care reform legislation imposes a new 3.8% Medicare tax on net investment income.  Starting in 2013, the tax will apply to nonqualified annuity distributions, interest, dividends, capital gains, rents and royalties received by individuals earning more than $200,000 a year/$250,000 for married couples filing jointly.  The tax appears contradictory to Obama Administration efforts to encourage retirement savings and the use of annuities to provide guaranteed lifetime income.  Numerous industry groups have pledged to work with Congress and the Administration get the tax on annuity distributions repealed.

ADVISORS PREP FOR TAX HIKES - Financial advisors can also expect a flood of questions about how best to protect assets from an expected hike in taxes. Solutions include increasing tax-efficient investing and taking capital gains now and putting some of the money into Roth IRAs. Just how big will the "hit" be?  If you're earning in excess of $200,000 for individuals and $250,000 for couples filing jointly, expect capital gains to go from 15% to 20% with the expiration of the "Bush tax cuts." In 2013, a 3.8% Medicare tax hike comes into play for higher income earners.

NAIC ANNUITY NEWS - The NAIC is amending its annuity suitability model regulations to hold carriers responsible for ensuring that all annuity transactions meet suitability requirements, including fixed annuities.  In addition, the NAIC will hold a May 20 meeting to address stranger-originated annuity transactions and the sales practices related to those transactions.

THEY'RE WATCHING! - Here's an article from Investment News on how law enforcement is using the various social media websites to catch "fraudsters, scammers and crooks."  

151A "FLY-IN" – In support of a bill that would reverse the SEC Rule 151A and define fixed indexed annuities as insurance products, about 100 "fly-in" participants visited 55 Senate offices and 170 House offices and may have lined up 15 new cosponsors in the House. Thought you might like seeing 
The Virtual Assistant's Index Annuity Presentation

HEALTH CARE REFORM AND BUSINESSES - There is a great deal of interest in how the health care reform package will impact businesses.  It's fair to say that some answers will have to wait until regulations are issued, but here's an attempt to answer a variety of business-related questions...How the Health Care Law Affects Your Business.  

MEDICAL TOURISM ALIVE - The Medical Tourism Association believes "there is nothing (in PPACA) that restricts medical tourism and everything remains silent about medical tourism, which is a very positive thing for the industry." The legislation could increase demand for medical tourism, by increasing demand for health care services, decreasing the number of providers, and leading to longer waiting times.

COLLEGE LOANS – Not sure what college loans have to do with medical care, but part of the recent legislation will take the "middle man" out of the college loan business. The expected savings is said to be about $80 billion.  Of course, that saving may require the layoff of thousands of employees of those nasty "middle men." On the other hand, the "middle men" can still make college loans, just without government guarantees. Well, the best way to pay for a college education is for parents and grandparents to save money in advance. See ideas from The Virtual Assistant's Educational Funding Analysis.   

GAMA ON THE MOVE – The annual GAMA LAMP program was deemed a success, with nearly 2,600 attendees and a record 31 companies holding managerial meetings in conjunction with the program. Members of GAMA are encouraged to visit the NAIFA Library at naifa.org. This sales and support tool is free for all NAIFA members. You might also want to visit The Virtual Assistant and check out the NAIFA discount.

HEALTH CARE IN RETIREMENT - According to a study by Fidelity, a couple retiring in 2010 will need $250,000 for medical expenses not covered by Medicare. That is up 4.2% from last year's estimate of $240,000. The estimate has risen 56% from Fidelity's initial $160,000 projection in 2002 and does not take into account the new health care overhaul.

BANK ANNUITY SALES DOWN - According to Kehrer-LIMRA, total annuity sales in banks were 44% lower than in January 2009. "We haven't seen total annuity sales fall this low in a decade."

INTEREST RATES TO REMAIN LOW? – Fed Chairman Ben Bernanke believes the modest U.S. economic recovery still warrants the Federal Reserve's ultra-low interest rate policy, but he is ready to remove the stimulus once the expansion looks solid

CONSUMER CONFIDENCE UP – The Consumer Confidence Index rose to 52.5 in March up from 46.4 in February...the lowest level since April 2009. Don't get too confident even though the March level is nearly twice the historic low that was reached in February 2009 (25.3), but is just over half the 90 that is considered healthy.

HOME PRICE INDEX UP - A rebound in California's real estate market helped lift S&P/Case-Shiller 20-city home price index for the eighth month in a row. Once again, we are a long way from the "good old days." Prices are now up almost 4% from the bottom in May 2009, but still almost 30% below the May 2006 peak.

BANK LIFE REVENUE UP - According to Kehrer-LIMRA, banks generated almost $1.3 billion in new individual life premium revenue in 2009. "The recent difficulty bank-based investment reps have had with selling rate-sensitive products has proven to be an opportunity for the sale of life insurance." Single-premium universal life sales represented 75% of new life premium sold through banks.

401(k) SALES UP - Fidelity predicts sales of its 401(k)s to continue to increase through third-party financial advisors to small and midsized companies and plans to reduce fees to gain additional share.



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