Protect Private Property


In 2009, Governor Lynch and primarily Democratic legislators passed a law which attempted to take $110 million from a privately funded medical malpractice fund. The state never contributed any money to this fund. All the monies were paid by healthcare providers from around the state. The New Hampshire Supreme Court held that law unconstitutional because it violated the vested property rights of the policyholders (Click here to see court opinion). Governor Lynch has refused to obey this law and continues efforts to take these funds from the owners. Many citizens and organizations fearful of this unconstitutional assualt on private property have provided important support to the JUA policyholders. This site recognizes these efforts.

Sunday, October 10, 2010

YouTube Satire Concerning the JUA Theft

In searching the web for JUA commentary, we discovered this political satire on the Governor's "creative" yet unconstitutional idea to balance the state budget through a raid of private funds.

By the way, who is being held accountable for this unlawful idea? Governor Lynch? Insurance Commissioner Roger Sevigny? Deputy Commissioner Alex Feldvebel? The Office of the Attorney General that issued a flawed opinion which failed to analyze the "participating" contracts provided to the medical providers? Legislative leadership which pressed this theft under the bogus claim that it would provide healthcare access to the underserved (a population that needs a real solution to their problems not simply to be improperly used as a transparent loin cloth for illegal activity). So many questions, so little accountability....

Saturday, October 9, 2010

Senator Reynolds Comments on the JUA Surplus

Citizen.com - Laconia NH, Dover NH, Rochester NH, Portsmouth NH, Sanford ME

Senator Reynolds, Senate District 2, has not signed the Protect Private Property Pledge and indeed voted to take the JUA surplus funds. Her opponent, Jeannie Forrester, has signed the pledge (Thank you Ms. Forrester). All policyholders want to protect the JUA. But they also want their vested rights protected and not allow the Insurance Commissioner and Governor to re-write the contracts to confer "phantom" benefits. Let's hope that Senator Reynold's view continues to evolve and she appreciates and takes action to prevent further constitutional violations against policyholders....

From the Citizen:

As to the New Hampshire Medical Malpractice Joint Underwriting Association Plan, from which Lynch is attempting to remove $110 million in surplus and transfer it into the general fund, Reynolds said the policy holders, foremost among them LRGHealthcare, should proceed cautiously.

The policy holders have criticized Lynch for taking the money they say belongs to them. The N.H. Supreme Court agreed with the policy holders but Lynch continues to pursue regulatory changes that would allow the money to come into state coffers where he feels it belongs.

Reynolds said she reviewed the state's legal case for taking the JUA money and said it appeared sound. She said if the money is declared to be a dividend, then the Internal Revenue Service might want to tax it. There is an ongoing legislative effort to eliminate the tax consequence, Reynolds said, adding, "It's important to protect the fund and the policy holders, too."


Friday, October 8, 2010

Three for Senate: Forrester, Bradley, Forsythe - Friday, Oct. 8, 2010

Three for Senate: Forrester, Bradley, Forsythe - Friday, Oct. 8, 2010

Three more candidates who have signed the Protect Private Property Pledge have been endorsed by the Manchester Union Leader. Jeannie Forrester in District 2 (against Senator Deb Reynolds who has not signed the pledge and who voted to take the JUA Surplus); Senator Jeb Bradley in District 3; and Jim Forsythe in District 4 (against Andy Hosmer who has signed the pledge).

"I'm Shocked... Shocked" That the JUA Theft Has Become Political


During the JLCAR hearings, attendees were subjected to a self-indulgent lecture from Senator Jackie Cilley (NH Senate District 6) complaining about many things involving the policyholders, their lawyers and outside interest groups who have shined sunlight on further efforts by the Governor and Insurance Commissioner to take policyholder funds. Conspicuously absent from Senator Cilley's rant was any invective for the true perpetrators of this problem-- The Governor, his Insurance Commissioner, the Attorney General and legislative leadership all who pressed this constitutional violation. Also absent was any recognition that Senator Cilley voted to take these funds and also must own the constitutional violation. Senator Cilley promotes her rant on her Facebook page as a badge of honor that she is a fighter. But she is fighting the victims of a constitutional violation resulting from her vote! These three videos address the many "Silly" complaints and misinformation presented by Senator Cilley....

Video 1: Silliness in District 6-- Ashamed, Offensive and Repugnant




Video 2: More Silliness in District 6-- Politics



Video 3: Still More Silliness in District 6-- Private Property Rights

The Governor's Assault on the JUA Continues with High-Priced Lawyers from Washington DC




The Governor and Insurance Commissioner continue efforts to interfere with policyholders rights to the more than $110 million in JUA surplus funds. The Department of Insurance has confirmed that it has retained the law firm of Skadden Arps to assist with its "examination" of the JUA. This "examination" has so far amounted to an effort to re-write JUA rules to deny policyholder rights. Local firm Rath Young has been paid in excess of $200,000 for this effort. Now, Skadden Arps-- with billing rates of $1050 per hour-- has been retained by the Department of Insurance. THE COMMISSIONER WILL LIKELY FORCE THE JUA TO PAY ALL OF THESE FEES FOR THIS BOGUS EXAMINATION. The JUA has been told to be ready to pay up to $1 million to these out of state lawyers.

The fact that the Governor and Insurance Commissioner continue this assault in the face of the New Hampshire Supreme Court's order confirming policyholders' rights is bad enough. The fact that they are using JUA funds to pursue this unlawful activity against the true owners of the funds is despicable. The "dream team" that conspired to take these funds are completely out of control.

Wednesday, October 6, 2010

Republican and Democratic Senate Candidates in District 4 Sign Property Protection Pledge

Both candidates in State Senate District 4 have signed the Protect Private Property Pledge. Republican Jim Forsythe and Democrat Andrew Hosmer have each signed the pledge which means that healthcare providers in Senate District 4 will have an advocate in the next biennium to stop governmental efforts to take the privately funded and privately owned JUA surplus. Thanks Jim and Andy.