DOCSLIB.ORG

Guardian Flight V. Godfread

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Guardian Flight V. Godfread Nos. 19-1343, 19-1381 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT GUARDIAN FLIGHT, LLC, Plaintiff-Appellant/Cross-Appellee, v. JON GODFREAD, in his capacity as North Dakota Insurance Commissioner; WAYNE STENEHJEM, in his capacity as North Dakota Attorney General, Defendants-Appellees/Cross-Appellants. On Appeal from the United States District Court for District of North Dakota District Court No. 1:18-cv-007 BRIEF OF AMERICA’S HEALTH INSURANCE PLANS AS AMICUS CURIAE IN SUPPORT OF APPELLEES/CROSS-APPELLANTS Julie Simon Miller Hyland Hunt Thomas M. Palumbo Ruthanne M. Deutsch AMERICA’S HEALTH INSURANCE PLANS DEUTSCH HUNT PLLC 601 Pennsylvania Ave. NW 300 New Jersey Ave. NW South Building, Suite 500 Suite 900 Washington, DC 20004 Washington, DC 20001 Tel.: 202-868-6915 Fax: 202-609-8410 Email: [email protected] Attorneys for Amicus Curiae America’s Health Insurance Plans CORPORATE DISCLOSURE STATEMENT Under Rule 26.1 of the Federal Rules of Appellate Procedure, amicus curiae America’s Health Insurance Plans, Inc. (AHIP) submits the following corporate disclosure statement: AHIP has no parent corporation and no publicly-traded company holds 10% or more of AHIP’s stock. AHIP is a trade association whose members have no ownership interests. i TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT .......................................................... i TABLE OF AUTHORITIES ................................................................................... iii STATEMENT OF INTEREST OF AMICUS CURIAE ............................................. 1 INTRODUCTION AND SUMMARY OF ARGUMENT ........................................ 2 ARGUMENT ............................................................................................................. 7 State Regulation Is Needed To Enhance Insurance Providers’ Ability To Protect Consumers From High Costs And Better Facilitate Access To Air Ambulance Services. .................................................................................................. 7 A. Air Ambulances Presently Operate in a Regulatory Vacuum. ................... 8 1. Competitive forces do not meaningfully constrain air ambulance pricing. ............................................................................. 8 2. Virtually all state efforts to regulate any aspect of insurance touching on air ambulances have been rebuffed. ............................. 12 B. The Regulatory Vacuum Has Resulted in Unconstrained Air Ambulance Pricing and Consumer Harm ................................................ 14 1. Air ambulance providers have largely refused to participate in health plan networks. ........................................................................ 15 2. The ability to send surprise medical bills and the lack of pricing transparency tip the scales of post-service negotiations in favor of exceptionally high bills for air ambulance services. .................... 21 3. Air ambulances’ refusal to participate in networks and heightened post-service leverage has resulted in skyrocketing costs for insurance providers and consumers. ................................. 24 CONCLUSION ........................................................................................................ 29 CERTIFICATE OF COMPLIANCE CERTIFICATE OF SERVICE ii TABLE OF AUTHORITIES CASES ...................................................................................................................... Page(s) Frye v. Kansas City Missouri Police Dept., 375 F.3d 785 (8th Cir. 2004)) ............ 14 Rowe v. N.H. Motor Transp. Ass’n, 552 U.S. 364 (2008) ....................................... 11 Valley Med Flight, Inc. v. Dwelle, 171 F. Supp. 3d 930 (D.N.D. 2016) .......... 12, 22 STATUTES Airline Deregulation Act of 1978, Pub. L. No. 95-504, § 3, 92 Stat. 1705 ............. 11 FAA Reauthorization Act of 2018, Pub. L. No. 115-254 § 418(a) ................................................................................................................. 13 § 418(b)(3)(B) ....................................................................................................... 13 § 418(d)(3) ............................................................................................................ 13 42 U.S.C. § 18022(b)(1)(B) ................................................................................................... 18 § 18031(c)(1)(B) ................................................................................................... 16 N.D.C.C. § 26.1-47-09(3) ................................................................................... 3, 34 REGULATIONS 45 C.F.R. 147.138(b)(3)(i)(A) ................................................................................. 22 OTHER AUTHORITIES AHIP, Center for Policy and Research, Charges Billed by Out-of-Network Providers: Implications for Affordability (Sept. 2015) ................................. 16, 21 AHIP, State Policy Issue Brief: Air Ambulance Services (2016) ................. 9, 20, 26 AHIP, What’s the Role of Networks in Providing High-Quality Affordable Care? .................................................................................................. 16 ConsumersUnion, Up in the Air: Inadequate Regulation for Emergency Air Ambulance Transportation (Mar. 2017) ................................................................ 9 Peter Eavis, Air Ambulances Offer a Lifeline, and Then a Sky-High Bill, N.Y. TIMES (May 5, 2015) ..................................................................................... 24, 27 iii Cindy Galli et al., Sky-Rage: Bills, Debt, Lawsuits Follow Helicopter Medevac Trips, ABC NEWS (Mar. 16, 2016) ................................................................ 25, 27 Sarah Gantz, Sky high air ambulance bills leave patients seeking relief, BALT. BUS. J. (Aug. 28, 2015) ................................................................................................. 24 Kaiser Family Foundation, Private Insurance: Surprise Medical Bills (Mar. 2016) ........................................................................................................... 21 Alison Kodjak, Taken for a Ride, NPR (Sept. 25, 2018) ......................................... 26 Md. Health Care Comm'n, Air Ambulance Study Required Under Senate Bill 770 (Dec. 2006) .................................................................................................... 17, 20 Mo. Dep’t of Ins., Fin. Institutions & Prof. Registration, Policy Brief: Health Coverage for Air Ambulance Transport .................................................. 10, 20, 27 Mont. State Leg., Final Report of the 2015-2016 Economic Affairs Interim Committee (May 2017) ................................................................................. 26, 27 N.M. Office of Superintendent of Ins., Air Ambulance Memorial: Study Report (Jan. 2017) ............................................................................................................ 25 Nat’l Conference of Ins. Legislators, Air Ambulance Task Force, Draft Minutes (July 15, 2017) ............................................................................................... 11, 22 Nat’l Conference of State Legislators, Insurance Carriers and Access to Healthcare Providers: Network Adequacy (Nov. 2015) ...................................... 16 Eric S. Peterson & Brian Maffly, Sky’s the Limit for What Utah Air Ambulances Can Charge—Like the $46K Bill This Man Received for a 50-mile Trip, SALT LAKE TRIB. (Aug. 29, 2016) ................................................................................. 27 PHI, Inc., Annual Report (Form 10-K) (Feb. 23, 2018) .......................................... 18 Patrick A. Rivers & Saundra H. Glover, Health care competition, strategic mission, and patient satisfaction: research model and propositions, 22 J. HEALTH ORGANIZATION MGMT. 627 (2008) ........................................................ 16 U.S. GOV’T ACCOUNTABILITY OFFICE, GAO-10-907, AIR AMBULANCE: EFFECTS OF INDUSTRY CHANGES ON SERVICES ARE UNCLEAR (2010) .................................... 18 U.S. GOV’T ACCOUNTABILITY OFFICE, GAO-17-637, AIR AMBULANCE: DATA COLLECTION AND TRANSPARENCY NEEDED TO ENHANCE DOT OVERSIGHT (2017) ............................................................................................................ passim U.S. GOV’T ACCOUNTABILITY OFFICE, GAO-19-292, AIR AMBULANCE: AVAILABLE DATA SHOW PRIVATELY-INSURED PATIENTS ARE AT FINANCIAL RISK 7 (2019) ......................................................................................................... passim iv STATEMENT OF INTEREST OF AMICUS CURIAE1 America’s Health Insurance Plans (AHIP) is the national trade association representing the health insurance provider community. AHIP advocates for public policies that expand affordable health care coverage to all Americans through a competitive marketplace that fosters choice, quality, and innovation. Along with its predecessors, AHIP has more than 60 years of experience in the industry. AHIP’s members provide health care coverage and other financial health and wellness benefits through employer-provided coverage, the individual insurance market, and public programs such as Medicare and Medicaid. As a result, AHIP’s members have broad experience working with a variety of stakeholders to ensure that patients have access to needed treatments and medical services at affordable prices. Those stakeholders include hospitals, physicians, clinics and laboratories, medical transportation providers
Load more

Recommended publications
  • August 17, 2016 Official Notice of Meeting
    the R EALTOR® Report News for you from the ND Association of REALTORS® August 17, 2016 Official Notice of Meeting OFFICIAL NOTICE OF MEETING All REALTOR® members of the NDAR are hereby notified of the Annual General Membership Meeting as follows: Thursday, September 15, 2016 – Holiday Inn, Fargo ND Any REALTOR® member who will not be able to attend the General Membership Meeting on September 15, 2016 at 2:45 pm may vote by Absentee Ballot. Election of Officers Absentee Voting Ballot click here Official Bylaw Change Proposal Absentee Voting Ballot click here NDAR Good Neighbor Award Entries Due By August 22 The North Dakota Association of REALTORS® will present one Good Neighbor Award at the REALTOR® Convention of the Dakotas when held in North Dakota. A cash contribution of $500 will be made to the charity of the winner’s choice. The NDAR Good Neighbor Award is to recognize North Dakota’s REALTORS® for their efforts in community and charitable service in helping to make their communities a better place for all citizens. Please complete and submit this entry form no later than August 22, 2016. http://ndrealtors.com/wp- content/uploads/2016/03/Good-Neighbor-Application.pdf E-Mail completed form to NDAR at [email protected] or mail to NDAR, 318 W. Apollo Ave., Bismarck ND 58503. North Dakota Association of REALTORS® RPAC Trustees Endorse Candidates The North Dakota Association of REALTORS (NDAR) REALTOR Political Action Committee (RPAC) Trustees held federal and statewide candidate interviews on July 23, July 25 and August 1 and voted to endorse the following candidates for office: For U.S.
    [Show full text]
  • Guardian Flight, LLC V. Jon Godfread, Et Al
    Nos. 19-1343, 19-1381 IN THE Ziluiteb 6tatc.5 (Court of Zippeett5 for the i jtij Circuit GUARDIAN FLIGHT,LLC, Plaint?ff-Appellantl Cross-Appellee, — v. — JON GODFREAD,in his capacity as North Dakota Insurance Commissioner; WAYNE STENEHJEM in his capacity as North Dakota Attorney General, Defendants-Appellees1 CrossAppellants. On Appeal From a Final Order and Final Judgment of the United States District Court for the District of North Dakota (Hovland, C.J.) BRIEF OF AMICUS CURIAE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS Kevin D. Conneely STINSON LLP 50 South Fifth Street, Suite 2600 Minneapolis Minnesota 55402 Telephone: 612-335-1829 [email protected] Counsel for Amicus Curiae National Association of Insurance Commissioners Appellate Case: 19-1343 Paae: 1 Date Filed: 06/18/2019 Entry ID: 4799171 TABLE OF CONTENTS TABLE OF AUTHORITIES ii CORPORATE DISCLOSURE STATEMENT v IDENTITY,INTEREST, AUTHORITY AND INDEPENDENCE OF AMICUS CURIAE 1 INTRODUCTION AND SUMMARY OF ARGUMENT 6 ARGUMENT 8 I. THE STATES MAINTAIN PRIMARY REGULATORY AUTHORITY OVER THE BUSINESS OF INSURANCE VIA THE MCCARRAN- FERGUSON ACT 8 II. THE MCCARRAN-FERGUSON ACT REVERSE-PREEMPTS THE AIRLINE DEREGULATION ACT 11 III. NEITHER THE CLAIMS SETTLEMENT PROVISION NOR THE MEMBERSHIP PROVISION ARE PREEMPTED BY THE ADA AS BOTH WERE ENACTED FOR THE PURPOSE OF REGULATING THE BUSINESS OF INSURANCE 17 CONCLUSION 20 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITATION AND ECF USER MANUAL 22 CERTIFICATE OF SERVICE 23 i Appellate Case: 19-1343 Paae: 2 Date Filed: 06/18/2019 Entry ID: 4799171 TABLE OF AUTHORITIES Page(s) Cases Doe v. Norwest Bank Minnesota, N.A., 107 F.3d 1297 (8th Cir.
    [Show full text]
  • United States Court of Appeals for the Eighth Circuit ______
    United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1343 ___________________________ Guardian Flight LLC Plaintiff Appellant v. Jon Godfread, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General Defendants Appellees ------------------------------ America's Health Insurance Plans; National Association of Insurance Commissioners Amici on Behalf of Appellee(s) ___________________________ No. 19-1381 ___________________________ Guardian Flight LLC Plaintiff Appellee v. Jon Godfread, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General Defendants Appellants Appellate Case: 19-1343 Page: 1 Date Filed: 03/17/2021 Entry ID: 5015428 ------------------------------ National Association of Insurance Commissioners; America's Health Insurance Plans Amici on Behalf of Appellant(s) ____________ Appeals from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: June 16, 2020 Filed: March 17, 2021 ____________ Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges. ____________ WOLLMAN, Circuit Judge. Two provisions of North Dakota Senate Bill 2231 (SB 2231) are at issue in this case. The first prohibits air ambulance providers from directly billing out-of-network insured patients for any amount not paid for by their insurers (the payment provision). N.D. Cent. Code § 26.1-47-09(3). The second prohibits air ambulance providers or their agents from selling subscription agreements (the subscription provision). N.D. Cent. Code § 26.1-47-08. Guardian Flight LLC filed this declaratory judgment action, claiming that both provisions are preempted under the Airlines Deregulation Act (ADA). Defendants Jon Godfread, in his capacity as North Dakota Insurance Commissioner, and Wayne Stenehjem, in his capacity as North Dakota Attorney General, responded that, even if preempted, the provisions were saved under the McCarran-Ferguson Act.
    [Show full text]
  • Envision 2030 Paths Forward North Dakota University System
    Envision 2030 Paths Forward North Dakota University System ENVISION 2030 2 Table of Contents Executive Summary ............................................................................................... 3 Introduction ............................................................................................................. 9 Context and Drivers of Change............................................................................... 13 State Board of Higher Education Vision ................................................................ 15 List of Priorities ..................................................................................................... 26 Appendix A: Additional Recommendations from Advisory Groups ..................... 29 Appendix B: Additional Technology, Research & Workforce Recommendations 32 Appendix C: Student Feedback .............................................................................. 34 Appendix D: Faculty/Staff Feedback...................................................................... 37 Appendix E: Legislative Feedback ......................................................................... 41 Appendix F: Acknowledgements ............................................................................ 44 Timeline .................................................................................................................. 46 References .............................................................................................................. 47 ENVISION 2030 3 Executive Summary
    [Show full text]
  • COMMITTEE ROLL CALL Jessica Altman, Chair Pennsylvania
    Date: 4/6/19 2019 Spring National Meeting Orlando, Florida HEALTH INSURANCE AND MANAGED CARE (B) COMMITTEE Sunday, April 7, 2019 3:30 – 5:30 p.m. Ritz-Carlton Orlando—Ballroom Salons 1–3—Lobby Level ROLL CALL Jessica Altman, Chair Pennsylvania John Elias New Hampshire Lori K. Wing-Heier, Vice Chair Alaska Linda Lacewell New York Michael Conway Colorado Jon Godfread North Dakota Dean L. Cameron Idaho Andrew Stolfi Oregon Vicki Schmidt Kansas Julie Mix McPeak Tennessee Nancy G. Atkins Kentucky Scott A. White Virginia Steve Kelley Minnesota Mike Kreidler Washington Mike Chaney Mississippi NAIC Support Staff: Jolie H. Matthews/Brian R. Webb/Jennifer R. Cook AGENDA 1. Consider Adoption of its Feb. 14, 2019, and 2018 Fall National Meeting Minutes —Commissioner Jessica Altman (PA) 2. Consider Adoption of the Regulatory Framework (B) Task Force Report and the Request for NAIC Model Law Development—Commissioner Michael Conway (CO) 2A. Consider Adoption of its Subgroup, Working Group and Task Force Reports —Commissioner Jessica Altman (PA) • Consumer Information (B) Subgroup—Angela Nelson (MO) • Health Innovations (B) Working Group—Health Insurance Commissioner Marie L. Ganim (RI) • Health Actuarial (B) Task Force—Director Anita G. Fox (MI) and Kevin Dyke (MI) • Long-Term Care Insurance Joint (B/E) Task Force—Commissioner Jessica Altman (PA) and Commissioner David Altmaier (FL) • Senior Issues (B) Task Force—Director Lori K. Wing-Heier (AK) 3. Hear a Panel Presentation on Health Care Cost Data—Kim Holland (Blue Cross and Blue Shield Association—BCBSA), Kevin Kennedy (Health Care Cost Institute—HCCI) and Maureen A. Mustard (NH) 4. Hear an Update on Legal Action Surrounding the Federal Affordable Care Act (ACA) —William G.
    [Show full text]
  • 2013 Senate Judiciary Scr4006
    2013 SENATE JUDICIARY SCR4006 2013 SENATE STANDING COMMITTEE MINUTES Senate Judiciary Committee Fort Lincoln Room, State Capitol SCR4006 1/22/2013 Job #1 7502 D Conference Committee Committee Clerk Signature Minutes: ttached testimony Relating to the effective date of initiated measures Senator David Hogue - Chairman Senator Margaret Sitte - Vice Chairman Senator David Hogue- District 38- Introduces the bill- See written testimony. Opposition Ralph Muecke - Gladstone N.D. - He says the initiated referral process is very near and dear to him and he is always on the look-out for anything that is going to impair or restrict that right. He gives a history of why we have this process. He said this was established so the people have another voice. He sees this as totally unnecessary. Susan Beehler - Mandan resident - Said she is a firm believer in the initiative and referral process and she does not want to see anything hinder that. She thinks this will make it harder for the average citizen to petition. Leon Malberg - Dickinson - Says this is bill is a solution struggling to find a problem. He tells of his frustrations. Neutral Jon Godfread - Greater NO Chamber of Commerce - Said he is conflicted on how to approach this. He said this debate is whether we put this measure on the ballot. Close the hearing 2013 SENATE STANDING COMMITTEE MINUTES Senate Judiciary Committee Fort Lincoln Room, State Capitol SCR4006 2/13/201 3 Job #18915 D Conference Committee Committee Clerk Signature Minutes: Senator David Hogue - Chairman Committee work Senator Hogue proposes an amendment and explains what it does.
    [Show full text]
  • Sample General Election Ballot
    SAMPLE GENERAL ELECTION BALLOT D STATE OF NORTH DAKOTA E CASS F 1101 Olivet Lutheran Church To vote for the candidate of your choice, you must darken the oval next to the name of that Governor and Lt. Governor Public Service Commissioner candidate. Vote for no more than ONE set of names Vote for no more than ONE name To vote for a person whose name is not printed Doug Burgum and Brent Sanford Casey D Buchmann on the ballot, you must darken the oval next to the blank line provided and write that person's Republican Party Democratic-NPL Party name on the blank line. DuWayne Hendrickson and Brian Kroshus Joshua Voytek PARTY BALLOT Republican Party Libertarian Party Shelley Lenz and Ben Vig Write-in President & Vice-President of the Democratic-NPL Party United States NO-PARTY BALLOT Vote for no more than ONE name Presidential Electors Write-in To vote for the candidate of your choice, you must darken the oval next to the name of that candidate. Jorgensen Dustin Gawrylow Martin J Riske State Auditor To vote for a person whose name is not printed Libertarian Party { Dylan Stuckey } on the ballot, you must darken the oval next to Vote for no more than ONE name the blank line provided and write that person's Patrick Hart name on the blank line. Sandy J Boehler Democratic-NPL Party Trump Ray Holmberg Republican Party Superintendent of Public Instruction { Robert Wefald } Joshua C Gallion Republican Party Vote for no more than ONE name Kirsten Baesler Heidi Heitkamp Write-in Biden Bernice Knutson Democratic-NPL Party { Warren Larson } Brandt J Dick State Treasurer Write-in Vote for no more than ONE name Thomas Beadle Write-in Representative in Congress Republican Party Vote for no more than ONE name Mark Haugen Justice of the Supreme Court Zach Raknerud Democratic-NPL Party Vote for no more than ONE name Democratic-NPL Party Jon Jay Jensen Write-in Steven James Peterson Libertarian Party Write-in Kelly Armstrong Insurance Commissioner Vote for no more than ONE name Republican Party Jon Godfread Judge of the District Court No.
    [Show full text]
  • Sample General Election – Oberon – Precinct 2
    SAMPLE GENERAL ELECTION BALLOT D STATE OF NORTH DAKOTA E BENSON F Precinct 2 To vote for the candidate of your choice, you must darken the oval next to the name of that Governor and Lt. Governor Public Service Commissioner candidate. Vote for no more than ONE set of names Vote for no more than ONE name To vote for a person whose name is not printed DuWayne Hendrickson and Brian Kroshus on the ballot, you must darken the oval next to the blank line provided and write that person's Joshua Voytek Republican Party name on the blank line. Libertarian Party Casey D Buchmann Doug Burgum and Brent Sanford PARTY BALLOT Democratic-NPL Party Republican Party Shelley Lenz and Ben Vig Write-in President & Vice-President of the Democratic-NPL Party United States NO-PARTY BALLOT Vote for no more than ONE name Presidential Electors Write-in To vote for the candidate of your choice, you must darken the oval next to the name of that candidate. Trump Sandy J Boehler Ray Holmberg State Auditor To vote for a person whose name is not printed Republican Party { Robert Wefald } on the ballot, you must darken the oval next to Vote for no more than ONE name the blank line provided and write that person's Patrick Hart name on the blank line. Heidi Heitkamp Democratic-NPL Party Biden Bernice Knutson Democratic-NPL Party Superintendent of Public Instruction { Warren Larson } Joshua C Gallion Republican Party Vote for no more than ONE name Kirsten Baesler Dustin Gawrylow Write-in Jorgensen Martin J Riske Libertarian Party { Dylan Stuckey } Brandt J Dick State Treasurer Write-in Vote for no more than ONE name Mark Haugen Write-in Representative in Congress Democratic-NPL Party Vote for no more than ONE name Thomas Beadle Justice of the Supreme Court Zach Raknerud Republican Party Vote for no more than ONE name Democratic-NPL Party Jon Jay Jensen Write-in Steven James Peterson Libertarian Party Write-in Kelly Armstrong Insurance Commissioner Vote for no more than ONE name Republican Party Jon Godfread Judge of the District Court No.
    [Show full text]
  • UNOFFICIAL Results of the June 9, 2020 Primary Election Wells County
    UNOFFICIAL Results of the June 9, 2020 Primary Election Wells County, North Dakota PartyName RaceName Candidate CandidateVotes Republican Representative in Congress Kelly Armstrong 1093 Republican Representative in Congress write-in 0 Democratic-NPL Representative in Congress Zach Raknerud 98 Democratic-NPL Representative in Congress Roland Clifford Riemers 89 Democratic-NPL Representative in Congress write-in 0 Libertarian Representative in Congress Steven James Peterson 4 Libertarian Representative in Congress write-in 0 Republican State Senator District 14 Jerry Klein 1113 Republican State Senator District 14 write-in 8 Democratic-NPL State Senator District 14 Jenna Vanhorne 200 Democratic-NPL State Senator District 14 write-in 0 Libertarian State Senator District 14 write-in 1 Republican State Representative District 14 Robin Weisz 961 Republican State Representative District 14 Jon Nelson 925 Republican State Representative District 14 write-in 11 Democratic-NPL State Representative District 14 Mark Nelson 192 Democratic-NPL State Representative District 14 Richard Lynne 166 Democratic-NPL State Representative District 14 write-in 0 Libertarian State Representative District 14 write-in 1 Republican Governor and Lt. Governor Doug Burgum and Brent Sanford 988 Republican Governor and Lt. Governor Michael Coachman and Joel H Hylden 156 Republican Governor and Lt. Governor write-in 3 Democratic-NPL Governor and Lt. Governor Shelley Lenz and Ben Vig 198 Democratic-NPL Governor and Lt. Governor write-in 0 Libertarian Governor and Lt. Governor
    [Show full text]
  • National Meeting Materials
    2019 Summer National Meeting New York, New York SENIOR ISSUES (B) TASK FORCE Saturday, August 3, 2019 2:15 – 3:30 p.m. New York Hilton Midtown -- Grand Ballroom - 3rd Level Lori K. Wing-Heier, Chair Alaska Anita G. Fox Michigan Marlene Caride, Vice Chair New Jersey Steve Kelley Minnesota Jim L. Ridling Alabama Mike Chaney Mississippi Peter Fuimaono American Samoa Chlora-Lindley-Myers Missouri Allen W. Kerr Arkansas Bruce R. Ramge Nebraska Ricardo Lara California Barbara D. Richardson Nevada Michael Conway Colorado John G. Franchini New Mexico Andrew N. Mais Connecticut Mike Causey North Carolina Trinidad Navarro Delaware Jon Godfread North Dakota Stephen C. Taylor District of Columbia Jillian Froment Ohio David Altmaier Florida Glen Mulready Oklahoma John F. King Georgia Andrew Stolfi Oregon Colin M. Hayashida Hawaii Jessica Altman Pennsylvania Dean Cameron Idaho Larry Deiter South Dakota Robert Muriel Illinois Carter Lawrence Tennessee Stephen W. Robertson Indiana Kent Sullivan Texas Doug Ommen Iowa Todd E. Kiser Utah Vicki Schmidt Kansas Scott A. White Virginia Nancy G. Atkins Kentucky Mike Kreidler Washington James J. Donelon Louisiana James A. Dodrill West Virginia Eric A. Cioppa Maine Mark Afable Wisconsin Al Redmer Jr. Maryland Jeff Rude Wyoming Gary Anderson Massachusetts NAIC Support Staff: David Torian AGENDA 1. Consider Adoption of the July 18, June 19 and Spring National Meeting Minutes—Director Wing-Heier (AK) 2. Continued Discussion of Fraudulent DNA/Genetic Swab and Cancer Tests—Martin Swanson (NE) 3. Presentation by Society of Actuaries (SOA) on LTC New Innovative Products, Hybrid & Combo LTC Products, and InsureTech—Dale Hall (SOA Managing Director of Research) and Steve Schoonveld (SOA LTCI Section) 4.
    [Show full text]
  • Pfizer Inc. Regarding Congruency of Political Contributions on Behalf of Tara Health Foundation
    SANFORD J. LEWIS, ATTORNEY January 28, 2021 Via electronic mail Office of Chief Counsel Division of Corporation Finance U.S. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: Shareholder Proposal to Pfizer Inc. Regarding congruency of political contributions on Behalf of Tara Health Foundation Ladies and Gentlemen: Tara Health Foundation (the “Proponent”) is beneficial owner of common stock of Pfizer Inc. (the “Company”) and has submitted a shareholder proposal (the “Proposal”) to the Company. I have been asked by the Proponent to respond to the supplemental letter dated January 25, 2021 ("Supplemental Letter") sent to the Securities and Exchange Commission by Margaret M. Madden. A copy of this response letter is being emailed concurrently to Margaret M. Madden. The Company continues to assert that the proposal is substantially implemented. In essence, the Company’s original and supplemental letters imply that under the substantial implementation doctrine as the company understands it, shareholders are not entitled to make the request of this proposal for an annual examination of congruency, but that a simple written acknowledgment that Pfizer contributions will sometimes conflict with company values is all on this topic that investors are entitled to request through a shareholder proposal. The Supplemental letter makes much of the claim that the proposal does not seek reporting on “instances of incongruency” but rather on how Pfizer’s political and electioneering expenditures aligned during the preceding year against publicly stated company values and policies.” While the company has provided a blanket disclaimer of why its contributions may sometimes be incongruent, the proposal calls for an annual assessment of congruency.
    [Show full text]
  • Journal from May 27, 2020
    Census packets Pool Response rate may not be toys as low as stats show Page 5 New features pop up awaiting opening Page 11 www.JournalTrib.com Wednesday, May 27, 2020 Crosby, ND Vol. 119, No. 22 -- Price $1.25 Graduation is a masked affair By Brad Nygaard Previous graduation ceremo- Judging by the program, Sun- nies have been public events, day’s commencement exercises open to the community at large. at Divide County High School Not this year. didn’t appear much different Graduates were limited to from any other year. eight family members in at- Graduates entered the gym tendance and admission was to “Pomp and Circumstance,” by ticket only. Families were there were speeches by Valedic- checked off a list, then seated torian Addyson Eriksmoen and by ushers in rows spaced six Salutatorian Zenn Alvarez, sing- feet apart. ers performed, diplomas were The Class of 2020 was spaced presented and parents were out, too. While graduates nor- recognized for their contribu- mally sit in rows right next to tions. one another, this year’s class There were a lot of bright was spread out, 6-foot gaps smiles, and a few tears shed. between them. A few notable exeptions were For those unable to attend, made, too, in order to comply ceremonies were broadcast on with COVID-19 safety guidelines cable TV and livestreamed by recommended by the state BEK. Health Department and the Scholarship winners were state school board association. announced, the school board Most noticeable were the president handed out diplomas masks worn. By everyone.
    [Show full text]