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Health insurance investors unfazed by court ruling

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This week’s ruling by a federal judge could force Congress to rework the new health law to avoid a health insurance market collapse. But the decision had little to no effect on investor sentiment toward WellPoint Inc. and its peers.

Judge Henry Hudson in Virginia declared unconstitutional the individual mandate—the health reform provision that requires most Americans to purchase health insurance or else pay a fine. Hudson said that part of the law goes beyond Congress’ authority to regulate interstate commerce.

Hudson did not, however, declare the entire health care law unconstitutional, which leaves in place another new rule that requires health insurers to accept all customers regardless of their health status.

The ruling strikes at the heart of health reform. The grand bargain between President Obama and the health insurers in 2009 was to guarantee them millions of new customers (and generous subsidies) through the individual mandate in exchange for a ban on insurers’ turning away sick customers.

The insurers, led by Indianapolis-based WellPoint, soured on that bargain in the fall of 2009 when Congress reduced the fines for not having insurance to a level the insurers thought was too low to be effective.

But since Hudson did not strike down the entire law, his ruling leaves in place the ban on turning away sick customers, also known as medical underwriting. Nearly all—including the Obama administration—agree that having one provision without the other is a recipe for disaster.

“Banning medical underwriting without an individual mandate will wreak havoc on the market for individual insurance, perhaps causing many or most insurers to withdraw, as they’ve already done in the market for child-only insurance,” Mark Hall, a professor at the Wake Forest School of Law, wrote in a blog post.  “Despite all of that, the judge severed and struck only the individual mandate, leaving to Congress or administrative agencies the task of avoiding the train wreck of potential market collapse.”

In spite of such dire consequences, Wall Street shrugged at the ruling. WellPoint’s stock has been flat this week, closing Tuesday at $58.11. The stocks of other big health insurers also treaded water.

That’s because investors already expected Hudson, a George W. Bush appointee, to rule against the individual mandate. Two other federal judges had already dismissed legal challenges to the law. And a fourth case is pending in Florida.

“It has been clear for some time that this case was going to the Supreme Court and that this [ruling] is one stop on that path,” Les Funtleyder, who advises hedge funds on health care stocks for Miller Tabak & Co. in New York, wrote in a research note.

He acknowledged that Hudson’s decision could create “volatility” in the insurance markets, but said the fundamentals of the health insurance business are so strong right now, they will cloud out health reform news until at least the next election. In WellPoint's case, analysts are expecting the company to end the year with a profit of $2.8 billion, a 17-percent surge from last year, excluding a one-time gain in 2009 from selling a subsidiary.

“With respect to the managed care stocks, we believe until the 2012 election fundamentals will trump what will be a very noisy political environment,” Funtleyder wrote. “We continue to have a constructive stance on the group.”


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  1. Well, we could blame ABC because they haven't advertised the INDY 500....not during the HUGE TV rating shows like Dancing with the Stars (of which IICS driver Helio Castroneves is a former champion). He never won a CART championship, did he?

    We could blame the new car...because it's ugly and has a V6 that has less horsepower than the pace car. CART (to my knowledge) never had that problem with cars they presented at the speedway years 1979 through 1995.

    We could blame the fencepost, but that would be crass. Or maybe Danica? Or maybe Jean Alesi....or boost increases from constant rules tampering. Maybe we could blame Penske who still is winning everything as usual.

    Maybe we can blame the world for not understanding the the great Indy gods who regularly twist things in such ways that we mere mortals must only accept, but never question.

    So, it does beg the question....who is responsible if the series and Indy continues to flounder? Are the responsibilities so diffuse and complicated that no one really is to blame for it's fall from grace?

    I urge the speedway to sign on for 7 more years of ABC coverage and 7 more years of NBC Sports Network coverage. It been win-win so far....*cough* *cough*

  2. "They're problem was thinking they were bigger than the institution that made their existence possible. That turned out to be a mistake."

    The above quote made by Disciple shows his continued inability to grasp a simple concept: CART is dead. Twice. It provided a brilliant stage for some of the best open wheel racing in all the past century of racing. It's gone DOOD, get over it.

    PLEASE explain, Mr. Disciple of INDYCAR, why you continually hammer home, even on the eve of the 2012 Indy 500, this same point...over and over? Seriously, why does the legacy of CART haunt you so much?

    The same problems that affected the sport for over a century of AOW racing STILL affect it now. Your answers (or lack thereof) belittle the very sport you claim to love. Indy rots in your hands yet you request status quo. You negate salient points with drivel...always.

    Indy is not going to die. But, it is dying...are you willing to accept that? "Indy is a hot mess"....it's true. Yet you want it that way? What is wrong with you?

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  4. Triscuts...love um!

  5. Of course the fair will go on. Don't you big city reporters understand county fairs? Get outside the beltway and see what life is really like!

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