Wall Street Week Ahead: Bears hibernate as stocks near record highs

NEW YORK (Reuters) - Stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.


Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.


The Standard & Poor's 500 Index <.spx> has gained 5.4 percent this year and closed above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is 2.2 percent away from all-time highs reached in October 2007. The Dow ended Friday's session at 13,895.98, its highest close since October 31, 2007.


The S&P has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.


"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."


The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year-end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.


The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.


That's not to say there aren't concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.


MUTUAL FUND INVESTORS COME BACK


All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.


Energy shares <.5sp10> lead the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.


More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.


"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big, broad-based industrial companies in the U.S. and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, portfolio manager at Gradient Investments, in Shoreview, Minnesota.


The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.


Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.


"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.


The market has shown resilience to weak news. On Thursday, the S&P 500 held steady despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The tech giant is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx> and in the past, its drop has suffocated stocks' broader gains.


JOBS DATA MAY TEST THE RALLY


In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a potential sign that the rally is narrowing to fewer names - and could be running out of gas.


Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to also suggest the rally has perhaps come too far.


The market's resilience could be tested next week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are seen being added in the month and the unemployment rate is expected to hold steady at 7.8 percent.


"Staying over 1,500 sends up a flag of profit taking," said Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."


A number of marquee names will report earnings next week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .


On a historic basis, valuations remain relatively low - the S&P 500's current price-to-earnings ratio sits at 15.66, which is just a tad above the historic level of 15.


Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.


"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."


For the week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.


(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)



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French Capture Gao Airport in Move to Retake North Mali





KONNA, Mali — French special forces took control of the airport in the Islamic rebel stronghold of Gao, the French government said Saturday, meeting “serious resistance” from militants even as they pressed northward.




Gao is one of three main northern cities in Mali that has been under rebel control for months, and the capture of the main strategic points in Gao represents the biggest prize yet in the battle to retake the northern half of the country.


French airstrikes have been pounding the city since France joined the fight at Mali’s request on Jan. 11. French troops also took control of a bridge over the Niger River on Saturday, and the capture of the airport allowed a company of French soldiers to be airlifted in on Saturday afternoon, according to Col. Thierry Burkhard, the French military spokesman.


Another French company was on the road to Gao from Sévaré on Saturday night, and Malian and other African forces had begun to arrive, he said.


He stepped back from an earlier statement by the French Defense Ministry that declared the city freed by French forces, acknowledging that the statement was “a bit overdone.” Noting Gao’s 70,000 inhabitants, he added, “it’s not with a detachment of special forces that you take over a city.”


But with reinforcements streaming in, the battle for Gao appeared imminent.


Soldiers from Chad and Niger are expected to arrive soon, the French defense minister, Jean-Yves Le Drian, said in a statement. They will be part of a contingent of 1,900 African troops who have already arrived in Mali, fighting alongside the 2,500 French soldiers deployed here.


Gao’s mayor, who had fled to Bamako, the capital, returned to his city on Saturday, Mr. Le Drian said.


In Washington, the Pentagon said Saturday that the United States would provide aerial refueling for French warplanes. The decision increases American involvement, which until now had consisted of transporting French troops and equipment and also providing intelligence, including satellite photographs.


Gao, 600 miles northeast of the capital, had been under the control of the Movement for Oneness and Jihad in West Africa, a splinter group of Al Qaeda in the Islamic Maghreb.


Al Jazeera broadcast a statement from Al Qaeda in the Islamic Maghreb in which the group said it had withdrawn temporarily from some cities it held, but would return with greater force.


Little information has come from the other two main cities under rebel control — Timbuktu, the fabled desert oasis, and Kidal, northeast of Gao — for the past 10 days because mobile phone networks have been down.


Konna was overrun by Islamic fighters on Jan. 10, prompting France to intervene, and a clearer picture has begun to emerge of the fighting. Residents and officials here said that at least 11 civilians had been killed in French airstrikes.


Charred husks of pickup trucks lined the road into the town, and broken tanks and guns littered the fish market, where the rebels appeared to have set up a temporary base.


France’s sudden entry into the fray has left the United Nations and Ecowas, the regional trade bloc, scrambling to put together an African-led intervention force that had been in the planning stages. The Mali Army, which has struggled to fight the Islamist groups, has been accused of serious human rights violations.


From Konna, it is easy to see why the Malian government pleaded for French help after the Islamist fighters took control of the town. Just 35 miles of asphalt separate Konna from the garrison town of Sévaré, home to the second-biggest airfield in Mali and a vital strategic point for any foreign intervention force.


Residents said their town fell to the rebels when 300 pickup trucks of fighters, bristling with machine guns, rolled in and pushed back the Malian Army troops who had been guarding the town after a fierce battle.


Lydia Polgreen reported from Konna, and Scott Sayare from Paris. Elisabeth Bumiller contributed reporting from Washington.



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Vine Is Teaching Everyone This Terrible Habit






“No more vertical videos.” – Joan Crawford’s message for the digital generation.


Twitter’s new snap-and-share video service, Vine, has forced users to break the first rule of iFilm making: never shoot vertical videos.






[More from Mashable: 10 Awesome Pranks to Play On Your Facebook Friends]


SEE ALSO: Vine Mania! 10 Creative Vines on Twitter

Of course, Vine’s videos appear as a square, so you could argue it doesn’t really matter. But after years of comment shaming and PSAs to break novice video shooters of this deplorable habit, will Vine reverse all the progress made?


[More from Mashable: Vinepeek Opens a Window on the World, Six Seconds at a Time]


BONUS: How to Use Vine


Click here to view the gallery: How To Use Vine


Mashable image


This story originally published on Mashable here.


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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Wall Street Week Ahead: Bears hibernate as stocks near record highs

NEW YORK (Reuters) - Stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.


Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.


The Standard & Poor's 500 Index <.spx> has gained 5.4 percent this year and closed above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is 2.2 percent away from all-time highs reached in October 2007. The Dow ended Friday's session at 13,895.98, its highest close since October 31, 2007.


The S&P has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.


"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."


The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year-end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.


The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.


That's not to say there aren't concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.


MUTUAL FUND INVESTORS COME BACK


All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.


Energy shares <.5sp10> lead the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.


More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.


"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big, broad-based industrial companies in the U.S. and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, portfolio manager at Gradient Investments, in Shoreview, Minnesota.


The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.


Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.


"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.


The market has shown resilience to weak news. On Thursday, the S&P 500 held steady despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The tech giant is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx> and in the past, its drop has suffocated stocks' broader gains.


JOBS DATA MAY TEST THE RALLY


In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a potential sign that the rally is narrowing to fewer names - and could be running out of gas.


Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to also suggest the rally has perhaps come too far.


The market's resilience could be tested next week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are seen being added in the month and the unemployment rate is expected to hold steady at 7.8 percent.


"Staying over 1,500 sends up a flag of profit taking," said Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."


A number of marquee names will report earnings next week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .


On a historic basis, valuations remain relatively low - the S&P 500's current price-to-earnings ratio sits at 15.66, which is just a tad above the historic level of 15.


Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.


"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."


For the week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.


(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)



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Dolours Price, Defiant I.R.A. Bomber, Dies at 61


Press Association, via Associated Press


Dolours Price, left, and her younger sister, Marian, in 1972.







Dolours Price, an unrepentant former member of the Irish Republican Army who went to prison for a 1973 London bombing and who recently shook Northern Ireland’s fragile calm by claiming that her orders had come from Gerry Adams, the Sinn Fein party leader and peace negotiator who denies having ever been in the I.R.A., died on Thursday at her home in a suburb of Dublin. She was 61.




The police in Dublin said the cause was not known. An autopsy was scheduled.


Ms. Price, the former wife of the Irish actor Stephen Rea, attracted more public attention than she might have expected in recent years. Since 2011, the police in Northern Ireland police have been fighting in the courts for access to audiotaped interviews that Ms. Price gave to an oral history project at Boston College in which she detailed her I.R.A. career. The United States Supreme Court has been asked to hear the case.


The police learned of the audiotapes from an interview Ms. Price gave to an Irish newspaper in 2010. She told the paper that her testimony for the college’s “Belfast Project” described kidnappings and executions that she said she helped carry out in 1972 on orders from Mr. Adams. She also asserted on the tapes, she said, that Mr. Adams had a role in conceiving the London car bombings and that he ordered her and nine other I.R.A. volunteers, including her sister Marian, to carry them out in 1973.


The explosions, at four landmark sites, including the Old Bailey Courthouse, injured 200 people and left one man dead from a heart attack. It was the I.R.A.’s first attack in London.


Mr. Adams, who has intermittently been a member of the power-sharing Northern Ireland Assembly since a peace agreement was forged in 1998, has repeatedly denied her accusations. On Thursday he said he had “no concerns, because they are not true.”


The Northern Ireland police have said that Mr. Adams is not a target in their seeking the audiotapes. The family of one suspected I.R.A. informer described by Ms. Price as having been executed has called for Mr. Adams’s arrest.


Mr. Adams expressed sorrow this week at the news of Ms. Price’s death.


"She endured great hardship during her time in prison in the 1970s,” he said.


Ms. Price spoke often of the personal toll of her terrorist activities: years of depression, alcohol and drug abuse, and post-traumatic stress disorder. Among the suspected informers she drove to their executions, she said, was a longtime family friend. In prison, she staged a 203-day hunger strike in which her jailers force-fed her every day through rubber tubing.


Suffering from tuberculosis and other ailments, Ms. Price was released from prison on humanitarian grounds in 1981 after serving seven years of a life sentence.


Ms. Price told interviewers that she might have spared herself and her victims had she known that the struggle would end with a peace that left Northern Ireland’s Catholic majority, in her view, where it had started: under British rule.


“When we starved together on hunger strike,” she wrote in a 2004 essay in Fortnight, an Irish journal, “it was not to ‘move the process forward,’ it was not for seats in a British government.” It was, she said, “to rid this land of any British interference.”


Ms. Price married Mr. Rea in 1983 and had two children with him. Mr. Rea, who portrayed an I.R.A. hit man in the 1992 film “The Crying Game,” spoke only obliquely about his wife’s past.


“You can’t be born in the north of Ireland and not be political,” he told the British newspaper The Evening Standard in 1992. “The situation there is a pollution of your thinking.”


Dolours Price was born in Belfast on June 21, 1951, into a family steeped in Irish republican politics. Her father, Albert, was an I.R.A. founding member. “My father never saw his firstborn child because she was born and died while he was interned,” she wrote.


An aunt, Bridie Price, lost both hands and her eyesight when a bomb she was assembling accidentally blew up. Her sister Marian, who was among the 10 I.R.A. members involved in the 1973 London bombings, was released from prison in the early ’80s but rearrested several years ago on charges of plotting an attack on the government.


Ms. Price was a recent college graduate and training to be a teacher when she enlisted in the I.R.A. in the early 197os. She was one of the first women assigned to carry out an armed attack and was selected for the London mission in part, she said in an interview, because she was a pretty young woman and had no arrest record.


Ms. Price’s marriage to Mr. Rea ended in divorce in 2003. She is survived by their children, Danny and Oscar; her sister Marian and another sister, Clare; and two brothers, Sean and Dino.


Ms. Price remained defiant to the end. She had no truck, she said, with those whose political views had changed over the years. “I am a republican, born and bred, as were my mother and father before me and theirs before them,” she wrote in a letter to an Irish newspaper last year. “I have no time for people who constantly change their position.”


“They are not republicans,” she wrote.


Douglas Dalby contributed reporting from Dublin.



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BlackRock to buy $80 million Twitter stake: source






SAN FRANCISCO (Reuters) – BlackRock, the world’s largest asset management company, has taken an $ 80 million stake in Twitter Inc, a person with knowledge of the deal said Friday.


The six-year old social media company will not raise new capital as part of the private deal that values the firm at more than $ 9 billion. BlackRock will buy shares directly from early Twitter employees seeking to liquidate their stock holdings and options.






Twitter’s new valuation represents a slight rise from late 2011, when the company facilitated a similar tender offer with Prince Alwaleed bin Talal of Saudi Arabia that valued the company at a reported $ 8.4 billion.


Twitter sought investors for another tender offer last summer in the wake of Facebook Inc‘s botched initial public offering in May, but did not complete the deal until recently, according to people with knowledge of the situation.


In recent years other tech companies including Facebook, Groupon Inc and SurveyMonkey have used similar transactions to cash out existing employees and delay an initial public offering. Twitter itself is rumored to be a potential IPO prospect within two years.


Several hundred Twitter employees, including many who joined the company before 2009, will be eligible to sell their shares as part of the transaction.


(Reporting By Gerry Shih; editing by Andrew Hay)


Tech News Headlines – Yahoo! News





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Baby Born with Heart Outside Her Chest Goes Home from Hospital















01/24/2013 at 06:40 PM EST







Ashley and Audrina Cardenas



Three-month-old Audrina Cardenas is a survivor.

The infant, delivered on Oct. 15 with a rare genetic deformity called "ectopia cordis," was born with part of her heart outside of her body. Following a successful surgery in November, Cardenas finally left the hospital on Wednesday.

At the time of her procedure, the Texas Children's Hospital in Houston released a statement explaining, "A multidisciplinary team of surgeons saved Audrina's life during a miraculous six-hour, open-heart surgery where they reconstructed her chest cavity to make space for the one-third of her heart that was outside of her body."

Cardenas's mother Ashley told ABCNews.com that she knew about her daughter's condition when she was 16 weeks pregnant.

"They gave me the option to terminate the pregnancy [or] continue with the pregnancy and do something called comfort care at the time of delivery, where instead of doing anything painful to her or do surgery, they let you spend as much time with her until she passes, or opt for a high-risk surgery to help repair the heart," Ashley Cardenas said.

Although she's been released from the hospital, Audrina will still be on oxygen and use a feeding tube, according to her mom, who spoke to HLN affiliate KTRK.

With Audrina wearing a pink chest shield made by doctors, Ashley said, "She doesn't have the sternum. She doesn't have anything over her heart besides the skin and a little muscle that they put over, so this is very important for her to wear. Especially for a car seat, the straps go right on her heart, and if she didn't have anything hard, it would damage her heart."

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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."


___


Online:


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


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