Colorado's new growth industry: pot









DENVER — Two hedge-fund partners — monogrammed shirts, taut Windsor knots, cuff links — step into a hipster cafe called Sputnik on an unorthodox mission.


They are meeting a business consultant to discuss a way to boost share prices at one of their portfolio companies, which sells indoor garden kits for tomatoes, herbs, flowers and salad greens. Their idea is to tap into a new market, one they need to be discreet about for fear of blemishing the publicly traded company's reputation:


Marijuana.





Similar meetings have been taking place across Colorado in the two months since state voters approved a constitutional amendment allowing the adult use of recreational weed. The state has become a nucleus of the rapidly evolving marijuana industry, offering a glimpse at what life might be like if weed is legalized nationwide, with companies, entrepreneurs and investors maneuvering for a piece of the expected boom.


Dispensaries are handing out glossy prospectuses to lure investors. Luxury cannabis leisure magazines in the vein of Cigar Aficionado are promoting the industry and cannabis tourism. Companies are jostling for various sectors of the market, from grow lights to point-of-sale systems. And marijuana growers are shedding the pothead vibe to sell their services to MBAs, who may have the capital to get started but not the arcane knowledge required to produce good weed.


The hedge-fund partners from Lazarus Management Co. are among the new breed. They have come to Sputnik to talk to Ean Seeb, a consultant specializing in marijuana.


"In the past you had a bunch of marijuana enthusiasts with little or no business acumen looking to get into this industry," said Seeb, 37, co-founder of Denver Relief Consulting. "Now we're seeing a complete role reversal. A bunch of businessmen with a lot of money who recognize this opportunity, and they have no clue what they're doing as far as cultivation."


The state already boasts a regulated for-profit market of medicinal marijuana. It's much more regimented than California's industry, which operates under murky, ever-changing rules that vary from place to place.


In Colorado, sellers of medical marijuana must go through a background check, pay between $15,000 and $20,000 a year in licensing fees and submit to regular inspections by the state. Every plant is tagged and numbered, from seed to sale. No such system exists in California.


Seeb and his partners have run a dispensary for medical pot since 2009, and they know the key players in Colorado and how to get licensed. They tapped that expertise to start consulting in 2011. Their first client was a 97-year-old Denver institution, Central Bag and Burlap, which wanted to provide packaging for pot shops and marijuana edible products.


"We helped them create their name, their logo, their product line, the initial marketing," Seeb said. "They are now the premier packaging supplier for the industry in Colorado."


Other businesses are hoping the new law will spur even more growth. Toni Fox, owner of 3-D Denver's Discreet Dispensary, is seeking investors. She printed a company prospectus the moment Amendment 64 passed.


With $500,000, Fox could build grow rooms in a warehouse next door and buy another dispensary in the mountain town of Buena Vista. She expects to produce 75 pounds of marijuana a month, worth well over $300,000 by 2014, when businesses will get the first licenses to sell recreational pot.


It hasn't been easy to get this far. Banks don't give loans to dispensaries because they are illegal under federal law, so Fox and her husband sold the assets of their commercial landscaping business — as well their boat, a motor home, her Mercedes-Benz and his Hummer — and invested it all in the dispensary. They spent $300,000 in construction costs before she could even get her certificate of occupancy and state license.


Last year, their net income was $17,040. But they see a big boost coming, with a rise in volume and price. She has a big advantage because existing dispensaries will get first dibs on the retail licenses, which are expected to be limited in number. Their prospectus predicts net income jumping from $338,190 this year to $5,888,990 in 2014 and $6,770,990 by 2015.


Expecting to draw tourists, they decorated the waiting room like a Rocky Mountain cabin and installed an 80-foot "viewing corridor," with windows so customers can see the marijuana plants being grown.


"I am the closest dispensary to the airport," she said.


The giant caveat hanging over this new marketplace is how the Justice Department will react.


President Obama signaled early in his first administration that prosecutors would not go after medical marijuana users, which all but launched an industry in California and, to a lesser extent, other states. Then in 2011, U.S. attorneys around the country began a campaign of raids, civil suits and prosecutions to rein it all back in.


After marijuana legalization measures passed here and in Washington state in November, Obama said in a television interview that it "would not make sense for us to see a top priority as going after recreational users in states that have determined it's legal."





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U.S. Military Deaths in Afghanistan



The Department of Defense has identified 2,158 American service members who have died as a part of the Afghan war and related operations. It confirmed the death of the following American recently:


SCHOONHOVEN, Mark H., 38, Sgt., Army; Plainwell, Mich.; Fourth Infantry Division.


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Apple’s China dilemma: market share or cachet?






HONG KONG (Reuters) – Apple Inc’s third straight disappointing quarter signals an urgent need for the global technology leader to drum up new revenue – and China may provide the answer.


Now more than ever, analysts say, Apple needs to get it right in the world’s most populous country, where it ranks only sixth in annual smartphone sales and Samsung Electronics remains the runaway leader.






Apple’s best plan of attack remains securing a deal with the country’s top mobile carrier by far, China Mobile Ltd. It also needs to push the development of more localized apps and extend installment financing to bring its pricey smartphones within the reach of an urban populace with an average annual income of just $ 3,500.


But it should resist the temptation to just put out a cheaper iPhone, some analysts say. Introducing a long-rumored lower-cost version of the gadget could backfire by diluting Apple’s premium brand – one of its most valuable assets.


“If you think of Apple, it’s like a bright star in the galaxy, shining so brightly and everyone is looking at it. But it might have dimmed a bit as other stars such as Samsung have popped up,” said TZ Wong, an analyst at research firm IDC.


“I don’t think it’s in Apple’s interest to further dim its star power by stepping into the low-end segment.”


With Apple’s product pipeline guarded with the same zeal accorded state secrets, some analysts are focusing instead on what the world’s largest technology company needs to do to finally become a major player in the world’s No. 2 economy.


While iPhone sales leapt 60 percent last quarter, investors worry that, in the longer term, the company may be pricing itself out of a golden opportunity while Samsung and local rivals from Huawei Technologies Co Ltd to ZTE blanket the market with cheaper phones that rival the iPhone in quality and usability.


A deal with China Mobile, the world’s largest mobile phone carrier with more than 700 million users, will prove instrumental but analysts say that may not happen until the issuance of 4G wireless licenses, which could take place later this year or even in 2014.


“The competitive landscape has definitely cranked up a few notches from a year ago. So there is more urgency for Apple to explore its ways to grow,” IDC’s Wong said.


CEO Tim Cook has made it no secret that China is an area of intense focus for the iPad and iPhone maker, especially given the still-low penetration across the country of smartphones and tablets. Apple has said it will continue to expand its retail network there, and in January, Cook flew to Beijing for at least the second time in a year, to meet with pivotal carrier China Mobile.


A STAR IS DIMMED


On Wednesday, Apple missed revenue forecasts for the third straight quarter after iPhone sales came in below expectations, fanning fears that its dominance of consumer electronics is slipping.


Apple’s revenue in China, including neighboring Hong Kong and Taiwan, totaled $ 7.3 billion in the December quarter, up 60 percent from a year earlier.


But there are signs that Apple’s vaunted cachet in the world’s most populous nation is waning.


Recent product launches for the mini-iPad and the iPhone 5 have drawn a relatively subdued response from Chinese consumers, in stark contrast to the fist-fights and egg-hurling at its Beijing store a year ago when sales of the iPhone 4S were delayed.


Since the iPhone 5 went on sale in mid-December, transactions have fallen by half, according to the Taobao Index, the consumer research data website of Internet giant Alibaba Group.


The iPhone is also losing out as consumers opt for bigger screens to watch Chinese soap operas while travelling on trains, or affordable smartphones in the sub-1,000 yuan ($ 160) category made by local vendors.


“When I started using a bigger screen, there was no turning back for me. Small screens don’t work anymore,” said a business executive surnamed Wen, as he swiped the screen on his Samsung Galaxy Note during lunch in Beijing.


Around half of the more than 60 million smartphones shipped in China in the third quarter last year had screens that were bigger than 4 inches, based on IDC’s latest figures. The iPhone 5 comes with a 4-inch screen, while the Galaxy Note II’s screen is 5.5 inches.


Also, local vendors such as Coolpad smartphone maker Yulong Computer Telecommunication Scientific (Shenzhen) Co Ltd, which offers cheaper alternatives, and Meizu Technology Co Ltd, known for its minimalist designs, have seen its legion of fans grow.


Price is a key factor, especially in the Chinese market where around 80 percent of the more than one billion mobile phone users are still on 2G networks.


On the online Taobao website, Coolpads and low-end models made by Huawei Technologies Co Ltd and ZTE Corp are selling at below 1,000 yuan, a sweet spot for many consumers switching from basic phones to smartphones.


Apple has moved to address that, partnering with China Merchants Bank to offer financing and installment options so that buyers can pay with the bank’s credit card when they shop online, media reports said.


Finally, expanding the number of applications customized for China will help grow Apple’s market share but that might need tighter collaboration with Chinese companies, such as Baidu Inc and Tencent Holdings Ltd.


“Consumers will definitely welcome closer cooperation between Apple and Chinese tech firms to customize the iPhone for the use of apps such as Tencent’s WeChat,” said Frederick Wong, executive director of Avant Capital Management (Hong Kong) Ltd, a fund that invests in Apple-related options.


(Editing by Edwin Chan and Richard Chang)


Tech News Headlines – Yahoo! News





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Liberty Ross Files for Divorce from Rupert Sanders















01/25/2013 at 08:20 PM EST







Liberty Ross


Michael Buckner/Wireimage


It's over for Rupert Sanders and Liberty Ross.

The Snow White and the Huntsman actress, 34, filed for divorce Friday from her director-husband Sanders, 41, in Los Angeles County Superior Court on Friday, PEOPLE confirms.

News of the filing comes about six months after Sanders's highly publicized cheating scandal with Huntsman's star, Kristen Stewart.

Stewart has since patched things up with boyfriend Robert Pattinson, who she was dating during the fling.

In the court documents, Ross seeks joint custody of the couple's two kids, 5 and 7, TMZ reports. She also asks for spousal support and attorney's fees.

Sanders, who has filed his response to the divorce petition, also seeks joint custody of the kids, and wants to share legal fees with Ross, according to TMZ.

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CDC: Flu seems to level off except in the West


New government figures show that flu cases seem to be leveling off nationwide. Flu activity is declining in most regions although still rising in the West.


The Centers for Disease Control and Prevention says hospitalizations and deaths spiked again last week, especially among the elderly. The CDC says quick treatment with antiviral medicines is important, in particular for the very young or old. The season's first flu case resistant to treatment with Tamiflu was reported Friday.


Eight more children have died from the flu, bringing this season's total pediatric deaths to 37. About 100 children die in an average flu season.


There is still vaccine available although it may be hard to find. The CDC has a website that can help.


___


CDC: http://www.cdc.gov/flu/


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Attack on family in Compton latest incident in wave of anti-black violence









The trouble began soon after they arrived.


The black family—a mother, three teenage children and a 10-year-old boy—moved into a little yellow home in Compton over Christmas vacation.


When a friend came to visit, four men in a black SUV pulled up and called him a "nigger," saying black people were barred from the neighborhood, according to Los Angeles County sheriff's deputies. They jumped out, drew a gun on him and beat him with metal pipes.





It was just the beginning of what detectives said was a campaign by a Latino street gang to force an African American family to leave.


The attacks on the family are the latest in a series of violent incidents in which Latino gangs targeted blacks in parts of greater Los Angeles over the last decade.


Compton, with a population of about 97,000, was predominantly black for many years. It is now 65% Latino and 33% black, according to the 2010 U.S. census. But it's not only historically black areas that have been targeted.


Federal authorities have alleged in several indictments in the last decade that the Mexican Mafia prison gang has ordered street gangs under its control to attack African Americans. Leaders of the Azusa 13 gang were sentenced to lengthy prison terms earlier this month for leading a policy of attacking African American residents and expelling them from the town.


Similar attacks have taken place in Harbor Gateway, Highland Park, Pacoima, San Bernardino, Canoga Park and Wilmington, among other places. In the Compton case, sheriff's officials say the gang appears to have been acting on its own initiative.


Sheriff's detectives said Friday they had arrested Jeffrey Aguilar, 19, of Gardena and Efren Marquez, 21, of Rialto, both alleged members of the Compton Varrio 155 gang, and are continuing to look for more assailants.


"This family has no gang ties whatsoever," Sheriff's Lt. Richard Westin said. "They are complete innocent victims here."


The 19-year-old family friend managed to break free that first day and run into the house, where the children were the only ones at home.


The attackers left, but a half-hour later a crowd of as many as 20 people stood on the lawn yelling threats and epithets. A beer bottle crashed through the living room window as the youngsters watched in horror.


"They were scared if they called the sheriff they'd be killed," Westin said. "So they called their mom, who called the Sheriff's Department."


The gang members were gone by the time deputies arrived, but they kept coming back, almost daily, driving by slowly until they got someone's attention, then yelling racial insults and telling them to leave. The mother sent the children to live with relatives and is now packing up to leave herself.


"This gang has always made it clear they have a racial hatred for black people," said Westin, who has worked in the area for more than two decades. "They justify in their own sick minds because of their rivalry with the Compton black gangs. They repeatedly used racial epithets, they use racial hatred graffiti and they tag up the black church a lot."


At the home on 153rd Street on Friday, the rain-drenched street was empty and quiet. But the gang's presence was clear.


Its tags marked several long walls, stop signs, curbs and school crossing signs — often with the nicknames of individual gang members included.


Crews remove the graffiti almost every morning.


Down the street, the Greater Holy Faith Missionary Baptist Church — a remnant from the time when Compton was almost all black — is often tagged, most recently, just below the cross.


Neighbors say its pastors come on Sundays and no longer live in the area.





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Armed Forces in Canada Resolved Issue Long Ago


Christinne Muschi for The New York Times


Lt. Col. Shirley M. Robinson, top, was a consultant for a tribunal that integrated women into combat roles.







OTTAWA — When Sheila A. Hellstrom first joined the Royal Canadian Air Force in 1954, she was limited to one of three roles: nurse, dietitian or administrator. As the decades passed, she would become the first Canadian woman to reach the rank of general and the Canadian military would integrate women into combat roles.




On Thursday, Brigadier General Hellstrom, who retired a year after a human rights tribunal ordered the full integration of women in the Canadian military in 1989, said that the debate following the Pentagon’s decision to allow women into combat was both familiar and frustrating.


“People are bringing up the issues we had to deal with then,” said General Hellstrom, who is 77. “We have shown here that we can do it.”


Opening the Canadian military to women followed a protracted debate, but the questions over the suitability of women as combat troops have now all but faded from the nation’s collective memory.


“It doesn’t even enter into conversation anymore,” said Capt. Jaime Phillips, a female artillery officer who commanded not only Canadian men but male American and Afghan combat troops in Afghanistan. “It’s just so ingrained in my generation that it seems silly to hear the same old arguments again.”


Those arguments included concerns about battlefield fraternization, worries about the difficulty of providing field accommodations, and fears that male soldiers might feel compelled to protect female soldiers at the expense of military objectives. While Captain Phillips and others inside and outside of the Canadian military now view those objections as outdated and disproved, reaching that point was not an easy process.


The move to allow women into combat roles in Canada began with recommendations issued in 1970 by a government commission that conducted a sweeping examination of the place of women in Canada. The military started with a series of trials to see what combat roles were suited for women. Lt. Col. Shirley M. Robinson, a nurse in the Royal Canadian Air Force who was deputy director of women personnel at the time, said the trials were more of a stalling exercise to put off integrating women, a move that the military leadership opposed.


“Those trials should never have happened,” she said. “Women had already been out there in harm’s way.”


As the military delayed, and an internal report recommended allowing combat roles for women only in a relatively small number of helicopter squadrons, four people, three men and one woman, took advantage of Canada’s relatively new Charter of Rights and Freedoms to launch a formal challenge. The tribunal’s 1989 ruling opened all combat roles to women except for those in submarines. That restriction vanished in 2001.


Colonel Robinson, who retired from the military to consult with the tribunal before returning as a civilian consultant, said that the record since then has been largely positive. “We did not lower standards,” she said. “We put appropriate standards on every job in the armed forces. It had nothing to do with gender. A lot of men can’t meet the standards either.”


Women make up about 12 percent of the total military force but Canada’s Department of National Defense did not disclose how many of them are in combat roles. A study presented in late 2011 by Krystel Carrier-Sabourin, a doctoral student at the Royal Military College in Kingston, Ontario, found that 310 women filled combat roles in Afghanistan between 2001 and 2011.


Captain Phillips, who is now an adjunct at an artillery school in New Brunswick, said that she found herself commanding soldiers from both the United States and Afghanistan.


“They were not used to it, that’s for sure,” she said of those troops. “You could tell it was a curiosity for them and they were of the mind of ‘that’s fine for you guys but it’s not our way’.” Nevertheless, Captain Phillips said that her orders were always obeyed and she was never the subject of overt hostility.


Cpl. Katie Hodges, whose time with an infantry unit in Afghanistan was partly documented for the film “Sisters in Arms,” said that it is important to note that combat roles are voluntary for both men and women in the Canadian military.


“I went because I wanted to,” she said. “I wanted to be in the exact opposite of an office job.”


During her training and once she was deployed to Afghanistan, Corporal Hodges shared sleeping accommodations with men, like all women in the infantry. The only time she experienced separate quarters, she said, was when she went down to an American military base for joint training. In the Canadian military, only showers are segregated by gender.


Corporal Hodges, who is now a military photographer stationed at a base northwest of Toronto, is among those surprised that there has been any controversy in the United States about including women in combat roles.


“It’s hard to believe that there is a such a draconian attitude,” she said. “I certainly don’t want to sound offensive but the U.S. is far behind.”


Afghanistan is also notable for another waypoint in the history of women in the Canadian military. On May 17, 2006, Capt. Nichola Goddard, an artillery officer, was in a light armored vehicle when it was hit by two rocket-propelled grenades. She was the first female member of the Canadian military to die in combat.


Her father, Tim Goddard, an educator who lives in Charlottetown, Prince Edward Island, said that he believes she partly joined the military because a recruiter at her high school only directed his attention to the boys.


Mr. Goddard rejected the argument that women should not be placed in combat roles to shield them from harm.


“I can assure you that a mother misses a son as much as a father grieves for a daughter,” he said. “Grief has no gender.”


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Samsung puts lid on capex for first time since financial crisis






SEOUL (Reuters) – Samsung Electronics Co turned cautious on spending for the first time since the global financial crisis, keeping its annual investment plan unchanged at 2012 levels, as demand for computer chips wanes and the smartphone market slows.


Samsung, one of the industry’s most aggressive spenders, has ramped up capital expenditure every year since 2004 except 2009 to meet soaring demand for its array of consumer electronics and mobile devices. It sold a record 700,000 smartphones a day in the last quarter.






But with the personal computer market shrinking for the first time in 11 years, the global smartphone market growing more slowly, and Apple Inc moving to buy fewer of Samsung‘s microprocessors used in the iPhone and iPad, the South Korean IT giant is now forced to keep a lid on spending.


“Overall its earnings momentum remains intact, and smartphone shipments will continue to grow even in the traditionally weak first quarter, as Samsung’s got a broader product line-up and Apple appears to be struggling in pushing iPhone volumes aggressively,” said Lee Se-chul, a Seoul-based analyst at Meritz Securities.


Samsung, which reported a record quarterly and annual profit on Friday, said it would keep 2013 capital expenditure unchanged from 2012.


“The key word for us in investment in 2013 is flexibility. We’ll decide as the market demand dictates,” Robert Yi, head of Samsung’s investor relations, told analysts.


Data from the company shows Samsung started to slow down planned investment in the last quarter.


Samsung said it spent 4.4 trillion won in October-December, pushing its 2012 investment to a record 23 trillion won ($ 21.5 billion). But the company said in October that it was on course to spend 25 trillion won in 2012.


Analysts had expected a 4-20 percent cut in Samsung’s 2013 capital spending.


By contrast, Taiwanese rival TSMC is planning to raise its capital expenditure to $ 9 billion this year, aimed in part at winning Apple orders away from Samsung.


Shares in Samsung fell 2.1 percent as of 0250 GMT, lagging a 1.1 percent decline in the wider market.


RECORD EARNINGS


Samsung had poured money into factories to boost production of chips and panels used in Apple products and its Galaxy range devices, pushing its operating profit to 8.84 trillion won in the last quarter. The 89 percent increase from a year earlier was in line with its earlier estimate.


Profit at its mobile devices division, which makes phones, tablets and cameras, more than doubled to 5.44 trillion won in the quarter from a year earlier, lifted by a broader offering of smartphones – from the very cheap to the very expensive.


The division accounted for 62 percent of Samsung’s overall fourth-quarter profit, up from 55 percent a year earlier.


Samsung is also seeing strong sales of its Note phablet, which analysts expect to help Samsung get through any seasonal weakness better than rivals.


Samsung, which doesn’t provide a breakdown of smartphone sales, is estimated to have sold around 63 million smartphones in the last quarter, including 15 million Galaxy S IIIs and 7 million Note IIs.


The company also said 2012 operating profit rose 86 percent to an all-time high of 29 trillion won.


SAMSUNG VS APPLE


Samsung sold 213 million smartphones last year and enlarged its share of the global market to 30.4 percent from around 20 percent in 2011, a report by market research firm Strategy Analytics showed on Friday. The sharp increase reflects Samsung’s aggressive marketing of its wide product range.


Apple’s share of the market shrank slightly to 19.4 percent from 19.0 percent in 2011, according to the report.


Globally, sales of smartphones surged 42.7 percent last year to 700 million, Strategy Analytics said.


Samsung said on Friday it expects the global smartphone segment to shrink in January-March from the seasonally strong fourth quarter, and that growth of the overall handset market will slow to the mid single-digits this year.


The forecast is in line with industry estimates, with signs of a slowdown having already emerged.


Apple shipped 47.8 million iPhones in the three months ended December, a record that nonetheless disappointed many analysts accustomed to years of outperformance. The Cupertino, California-based company also missed Wall Street’s revenue forecast for a third straight quarter as iPhone sales lagged expectations.


Apple shares have dropped by more than a third since mid-September as investors fret that its days of hyper growth are over and its devices are no longer as ‘must-have’ as they were.


By contrast, shares in Samsung have risen 12 percent in the same period as the company once seen as quick to copy the ideas of others now sets the pace in innovation.


At the world’s biggest electronics show in Las Vegas this month, Samsung unveiled a prototype phone with a flexible display that can be folded almost like paper, and a microchip with eight processing cores, creating a buzz that these may be used in the next Galaxy range.


“It’s very probable to us that the Exynos 5 Octa (processor) will find its way into the Galaxy S4,” UBS analyst Nicolas Gaudois wrote in a recent note.


“It also looked as if the curved display is close enough to finished product. We came away even more convinced that displays will provide significant differentiation to Samsung devices, and application processors will materially grow over time,” Gaudois said. ($ 1 = 1066.2000 Korean won)


(Reporting by Miyoung Kim; Editing by Ryan Woo)


Internet News Headlines – Yahoo! News





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American Idol Auditions in Baton Rouge Are (Almost) Drama-Free






American Idol










01/24/2013 at 10:00 PM EST







From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj and Keith Urban


George Holz/FOX


There were no catfights on Thursday's American Idol. No one stormed off the set. Everyone was on their best behavior as contestants auditioned in Baton Rouge, La.

That's not to say that things didn't get weird. Nicki Minaj nicknamed one contestant "Mushroom" and rubbed her fingers through his hair to bestow her "special powers" on him. (Whenever Minaj speaks, Mariah Carey simply stares off into space, as if she's just trying to find her happy place.) The Idol producers also began a baffling trend of splicing footage of squealing farm animals between the bad auditions.

But there were some bright spots: Burnell Taylor, a Hurricane Katrina survivor, made Carey cry with his capable rendition of "I'm Here" from the musical The Color Purple. "This is what we came for," said Minaj, who was apparently speaking about Taylor's voice, not Carey's tears. "While everyone else auditioned, you entertained us."

Hulking firefighter Dustin Watts wowed the judges with his version of Garth Brooks's "She's Every Woman." And yes, ladies, he's single. We know this because Minaj continued her practice of asking good-looking guys if they have a girlfriend. "You have a great style," Keith Urban told Watts. "You've got a confidence about you."

Tennessean Paul Jolley's family seemed shocked that he made it to Hollywood, which may have been overdone, considering that the 22-year-old singer has opened for country stars Chely Wright, Lorrie Morgan and Aaron Tippin. His pleasant version of "I Won't Let Go" by Rascal Flatts impressed the judges. "It was effortless," said Carey. "I know that people are going to love you."

Perhaps the most unique contestant of the night was Calvin Peters, a 27-year-old physician from Fort Worth, Texas. The third-year resident is known as "the singing doctor," and wowed the judges with his audition of Maxwell's "Whenever, Wherever, Whatever." Carey called him "handsome," which seems to be a trend this season.

Most of the night's successful women were lumped into a montage, except for Miss Baton Rouge Megan Miller, who impressed the judges while auditioning on crutches. Perhaps the lack of female character development is a reason why the show hasn't crowned a woman champ since Jordin Sparks won in 2007. Then again, the judges this season seem confident a female singer is going to win.

Before the episode could end without a drop of drama, Urban accidentally referred to Minaj as "Mariah." Both women shot him withering looks and commanded him to say more than 1000 Hail Marys.

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Penalty could keep smokers out of health overhaul


WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.


The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.


For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.


Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.


Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.


Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.


Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.


Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.


"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.


"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.


Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.


"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."


Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.


First, the law allows insurers to charge older adults up to three times as much as their youngest customers.


Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.


And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.


Here's how the math would work:


Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.


But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.


"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.


In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.


Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.


"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."


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Online:


Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx


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