Archive for October, 2009

That Puzzle They Call Medicare Law

Tuesday, October 20th, 2009

We depend on the government to pass laws that are good for the people of this great country. And many laws that get passed do a great job of that. But one requirement of a law to be of any benefit to people is that we, the people, must be able to understand it.

When it comes to this vast legal system called “Medicare”, the best way we can compliment the work of our government in making it understandable is, “Well, their hearts are in the right place.” Medicare is a system that was designed to help the elderly with their medical bills at a time of life when that help is needed the most. So, all cynicism aside, it is a system of laws that obeys that edit of seeing the government try to do the best for the people it serves.

But many of us find Medicare confusing. And when laws are confusing, it is easy to think that this was done on purpose to keep people from taking advantage of the system. In the case of Medicare, it is more likely that the system become complex because the medical system is itself complex due to the large amount of needs people have, especially in their senior years and the vast amount of options that the medical community puts at their disposal.

One good innovation that the government made standard in Medicare is that every citizen is automatically eligible as soon as they reach retirement age. There is no questioning on who qualifies because if you meet the requirement of citizenship, you have a chance to participate in the program. If we are seeking to simplify Medicare, we would have to first divide into three parts so we can separate what each part does and how it benefits the people it serves.

The first part of Medicare kicks in to cover hospital expenses in case there is need for that level of care. Medicare covers a wide range of services that you might need during hospitalization including room and meals, nursing and other hospital services that are needed during your time in the hospital. But the hospitalization benefit doesn’t end when you drive away from the building. Medicare also covers home health services you might need during recuperation as well as equipment such as wheelchairs and in home needs of the disabled and hospice services for care during end of life situations. Millions have benefited from this part of Medicare’s coverage so by itself it may justify the existence of Medicare.

You may have noticed that the first part of Medicare did not cover the actual medical costs of the care you receive. Part B of Medicare kicks in to help out with those costs. Under this second area of Medicare, doctors bills are covered as well medical procedures needed during your hospital stay, medicine, ambulance care if that is needed and even physical therapy the doctor may prescribe to aid in your recovery. Again, this aspect of Medicare has benefited millions of the citizens and it often very much needed for the elderly struggling with health issues.

For a long time all Medicare coverage fit into one of these two categories. But there has been significant work done on Medicare law of late. So in 2006, a third category was introduced to deal with the cost of prescription drugs. This is a good step forward giving Medicare recipients more choices in what drugs they need and who they will get them from.

There is little doubt that Medicare will continue to be updated and improved to serve the needs of the elderly population. Hopefully we will always be able to say that lawmakers have their hearts in the right place and that they are making laws that we can use and that we can understand as well.

The TVA

Saturday, October 17th, 2009

We live in a time when there is a lot of debate on how the government might take measures to assure reliable and affordable resources of power, particularly in light of our ongoing gas crisis. We also live in a time when we are trying to find our way as to our role in conservation and the proper way to handle the natural world so we can live “green” and not damage the environment. Thirdly, we live in a time of remarkable natural disasters such as devastating hurricanes, fires and floods.

All of these symptoms remind us of another time in our history when a certain area of the country was clearly a candidate for some form of government program to address all of these problems. This area is called the Tennessee Valley in northern Alabama. The area that was under particular study was known as Muscle Shoals because of a dramatic drop in elevation of the Tennessee river drops 140 feet in just under 30 miles which creates a series of dramatic and violent rapids and waterfalls that locals came to refer to as the “Muscle Shoals”. It is an area so well known that it was celebrated in the well known song Sweet Home Alabama with the verse?

“Now Muscle Shoals has got the swampers. And they’ve been known to pick a song or two. Lord they get me off so much. They pick me up when I’m feeling blue. Now how about you?”

As beautiful and exciting as the shoals were, they did create a number of problems that was causing disruption to the local population and holding back progress. This was an area that was highly susceptible to flooding due to the shoals. Moreover, the uncontrolled water flow made navigation of this segment of the Tennessee River virtually impossible which hindered commerce.

So the federal government organized a project to place strategic dams along the Tennessee River and implement other improvements to tame the shoals and create economic opportunity. The project that was named the Tennessee Valley Authority. The TVA was highly controversial because then, as now, people were highly resistant to government interference and big government projects, particularly those that altered the lifestyle of an entire region of the country.

The project was launched with the purchase of the land in 1913. However, because of the opposition to allowing the federal government in to deal with local issues, the project floundered for decades. Finally President Roosevelt got the program moving with the Tennessee Valley Authority Act in 1933. This was a remarkably well rounded piece of legislation that addressed environmental, economic, conservation and even defense concerns, all of which would be incorporated into the TVA plan.

What was unique in the Tennessee Valley Act that was uncommon in most government legislation was the directive that the TVA would set a high priority on improving both the economic life and the quality of life of residents of all areas affected by the project. But the transition that was necessary to achieve the goals of the TVA program was traumatic to the area. In some areas residents had to be relocated as lands were flooded during dam construction. The image of big brother coming in and destroying the lifestyle of regular Americans was a haunting concept that brought tremendous backlash against the project.

But in an unusual demonstration of determination and courage, program administrators persevered. The result is that today the Tennessee Valley is prosperous and vibrant. The TVA program of reforestation and conservation has resulted in the integration of hydroelectric and nuclear power plants with the local environment. The floods have stopped and the area economy has gone through a boom because the TVA program has become one of the largest electricity generation projects in history.

The story of the TVA is a success story for a government program that was unusual because its whole purpose was to improve the lives of Americans and to put an end to devastating natural disasters before they occurred. It showed foresight, planning, concern for citizenry, an awareness of conservation issues and the courage of conviction that is absent in government in modern times. As such the TVA stands as an example we should look back on as a time when government stood for something and followed through when the going got tough. It is a lesson to us all on how things should work when our political system works correctly.

When a Name is More Than a Name

Wednesday, October 14th, 2009

Launching a new business is both an exciting and scary adventure for even a seasoned business veteran. But there is something about the spirit of the entrepreneur that drives us to strike out on our own and do something new, despite the risks.

You will have a lot to think about but if you get good help, you have a good shot at success. Of course you need financing, good accounting and legal help and a solid business plan. You need a product that serves a documented market need and a marketing plan that gets that product into the hands of that needy market efficiently and quickly so you can cash in on your business concept.

The legal side of things is probably the most intimidating aspect of a new business venture. Of the numerous issues that we need to be concerned out, one that often escapes notice is the simple act of choosing a business name.

This side of creating a new business is often the most exciting for the novice entrepreneur. By creating a name that is short but still does a good job of getting across the mission of the business is a challenge. But it is a labor of love for the owner or owners of the business to be. Often integrating the names of the owners or names of loved ones serves the business well. Certainly that can be said of McDonalds, Wendy’s and Denny’s.

But there are some legal issues to be considered when picking that name that is going to become your corporate identity to the world. That business name is going to show up on your business card, your web page, at your corporate headquarters, in your advertising if that is appropriate and many other places. It will be how the world references your business. You want to be proud of it for sure. But even more than that, it is important that name belongs to you.

The legal arena covering business names falls under the category of trademark law. The problem comes up if you happen to pick a business name that could possibly be the same name of a competitor in your field. This is not just a concern for your local community. If you are using the same name as someone on the other side of the country or even on the other side of the world, technically you can run into problems if that business decides to call you out about it.

Stories abound of how a big powerful company took issue with some small mom and pop business who happened to have the same name and used all of their mighty legal muscle to force someone to change their business name, maybe even abandoning their own family name because it was covered by the trademark claims of the larger firm. While these stories are sad to be sure, the fact remains, the law is the law. So it’s a good idea to make sure that this name you are about to create will be yours day one, in five years and even down the road when and if your business becomes a large international success.

So even though going through yet another legal process and employing yet another lawyer to run up yet another legal bill seems to be a burden, its necessary to make sure your business name belongs to you. The good thing is that trademark lawyers know their stuff and should be able to do a trademark search fairly easily to let you know if there is any reason for concern. Once you get that green light from your legal help, then you can proudly launch that name as your business knowing you covered your bases.