John Stephen on the JUA funds

John Stephen provides strong support of JUA policyholders' private property rights in the debate last night (Discussion begins at the 2:50 mark of the clip). Thanks for your support John Stephen. John Lynch still can't bring himself to say that the money belongs to the policyholders....

Governor Lynch says he should be obligated under the Right to Know Law-- What a joke!

Governor Lynch and John Stephen on the Right to Know Law

If you want to see hypocrisy in action, click on the link above. One might ask why the Governor has not provided information under the Right to Know law to the policyholders? Perhaps it is under the "security" exception that he references... meaning his own security... in office.. as governor. Hypocrite

New campaign ad references JUA theft

A Democratic vote | Concord Monitor

A Democratic vote Concord Monitor

Scott O'Connell, Bristol

By For the Monitor

October 27, 2010

John Stephen is my candidate for governor. This is noteworthy because I am a proud, lifelong Democrat who is supporting mostly other Democrats in this election.

This was not a hard decision. Our state is suffering under indecisive leadership lacking common sense, good judgment, accountability and a commitment to the rule of law (i.e. the LLC tax, the JUA raid, the Mark Bodi prosecution, the FRM Ponzi scheme, inter-agency sparring and refusal to comply with the Right-to-Know Law).

Gov. John Lynch's "leadership" reflects a profound lack of judgment, wise counsel and an ability to discriminate between good and bad ideas. My confidence in Lynch has eroded beyond repair. I suspect others agree and that is why he has had to loan $500,000 to his own campaign.

Stephen has the fresh ideas, skills and good judgment to lead this state. His First in the Nation Plan lays out a roadmap for necessary policy choices.

Most of my dealings with Stephen have been across the table in negotiations trying to solve problems for our respective clients. John has always been honest, fair, innovative and willing to exhaust efforts to find solutions to problems. My dealings with the Lynch administration have lacked all of these characteristics.

Taking on Lynch | Concord Monitor

Taking on Lynch Concord Monitor

Paul Racicot, Sanbornton

By For the Monitor

October 27, 2010

I want to thank John Stephen for standing up to Gov. John Lynch and the insurance commissioner in their attempts to defy the Supreme Court and steal the vested private property from the medical providers who have paid premiums to the Joint Underwriting Association trust fund.

The state's fiscal house is a mess. Conservative estimates predict the budget shortfall in the next biennium to be at least $500 million and potentially $1 billion.

The governor has retained Boston, New York and D.C. law firms, one of which charges over $1,000 per hour, and has earmarked $1 million in pursuit of this theft. The state has never paid a penny into the JUA fund. This fund was supported by hospitals and providers to ensure money is available for just compensation to victims of medical malpractice.

Stephen understands that if the governor is successful, no trust fund, self-insured fund or retirement fund would be safe from future state raids to balance deficits.

Support Stephen for governor. He is willing to stand up against government abuse.

Lakes Region CFO Calls Out Governor Lynch On His Improper JUA Activities

From the Laconia Citizen

@Brief head:Governor Lynch's amnesia

Editor, The Citizen:

Anterograde amnesia is the inability to memorize new things.

Governor Lynch's Citizen editorial board interview commentary around the JUA was certainly remarkable. With all due respect to the Governor, to continually pursue the vested property rights of the policyholders — having lost in court three times and before the legislative committee on rules — constitutes real chutzpah.

That chutzpa is only exceeded by the Governor's remark that "... should it [the JUA] be deemed not to be a State agency ...." Unfortunately for the position of Governor Lynch, that argument has already been resolved. The Superior Court decision ruled the JUA was not a State agency. The State then failed to preserve the argument on appeal at the Supreme Court, and as any lawyer like the Governor remembers from law school, that is now law.

Efforts to cover up the State's mistake have included absurd arguments. First by not remembering why the Supreme Court did not rule on the matter; the Supreme Court did not because the State failed to preserve that argument for appeal. Second, the Governor has then tried the argument that the Supreme Court's minority opinion was some kind of road map to overturn the majority decision. The Governor's request that the Supreme Court reconsider its decision based on his novel arguments was also rejected.

Having failed to persuade the Courts that his position on the JUA surplus funds have merit, the Governor has tried a tact you would not expect of a public official; in order to get his way he continues to try to circumvent the Courts' decisions by trying to change the rules after 25 years of contracts and regulations that block his actions. He is attempting to obtain through the back door what he could not do by going through the front door. So far, reason and good sense have prevailed and the Governor's actions have been rebuffed by a bipartisan committee of lawmakers who understand that the law and the contracts are to be honored.

From the interview it is clear the Governor will continue to forget that his often tried efforts to take the JUA monies is unconstitutional, that the law is already established that the JUA is not part of State Government, and that property rights and contracts have meaning under the NH constitution.

Though I have little faith the Governor will remember that, I am obligated to at least try to help him remember.

Henry D. Lipman, FACHE

Executive Vice President/CFO

LRGHealthcare

Laconia

Governor Lynch Ignores Transparency Obligations

Campaign ads running in the Governor's race suggest that John Lynch is a "very nice man." While that may be true, our collective experience has been that this "nice man" has difficulty obeying the law.

On Wednesday, JUA policyholders who successfully stopped the Governor from taking $110 million of their surplus funds from the privately-funded Joint Underwriting Association ("JUA"), have gone back to court to stop another constitutional violation. The policyholders, starting in May, made requests for information under our State constitution and the Right to Know law to get documents from the Governor, the Department of Justice and the Insurance Commissioner concerning ongoing efforts to raid the JUA. Six months have past and neither the Governor nor the Attorney General have provided the requested materials. Additionally, the Insurance Department has withheld thousands of pages of documents claiming all types of privileges not recognized in our constitution or state law. Legally mandated transparency into the operations of our government has been completely ignored. There is apparently no Right to Know what the Governor, Attorney General and Insurance Commissioner have been doing in ongoing unlawful efforts to take policyholders' private property for state purposes.

Governor Lynch's hypocrisy on this subject cannot be overstated. In his veto message regarding HB 379, Governor Lynch said "the Right-to-Know Law plays a critical role in assuring transparency and accountability in the operation of government at all levels." His failure over the past 6 months to support these sentiments with legally required disclosure renders these words and the rights of citizens meaningless. The true measure of a public official is not simply what he says, it is what he does. Here, the actions provide a stunning revelation of this governor’s disdain for our constitution and the rule of law. This governor tried to take private property, but was slapped down by two different courts because the actions were unconstitutional. Rather than learn from that misguided effort and leave this private property alone, this governor continues efforts to change the rules in order to claim a right to the money. Citizens who have requested information from its government about this travesty have been stiff-armed and denied the transparency guaranteed under our constitution and statutes. Our constitution states that government should be "open, accessible, accountable and responsive." Governor Lynch's actions fail to meet this constitutional standard... again. Individual rights are violated... again. New Hampshire citizens need to go to Court to have their rights protected.... again. The rule of law is ignored…. again. Isn’t it time to find this “nice man” another day job?

There He Goes Again-- Governor wants to change the JUA rules to take away policyholder rights to surplus funds

From Citizen.com: Lynch touts his fiscal conservatism

Governor "Don Quixote" Lynch just can't bring himself to say that the surplus funds belong to policyholders. If he would just do that-- and stop trying to take this money-- policyholders could take some comfort that their constitutional rights will be protected. The Governor and his Insurance Commissioner were sent packing with a 10 to 0 bipartisan rebuff of his first efforts to change the rules. He has lost in the Superior Court, the Supreme Court and the legislative committee that approves rules changes. Three strikes and you are out, right? Alas, no. His crusade continues. Governor, please stop tilting at windmills. Obey the law. Leave the policyholders funds alone.

Excerpted below is from the Citizen article linked above:

"... Of particular interest to the Lakes Region, Lynch said he continues to support efforts to bring surplus assets from the N.H. Medical Malpractice Joint Underwriting Association into the state budget.

Lynch has been foiled twice in his attempts to do that, first by the Belknap County Superior Court and then by the N.H. Supreme Court which ruled that the surplus belongs to policyholders, among the largest being LRGHealthcare, the parent of Lakes Region General and Franklin Regional hospitals.

The JUA, said Lynch, "was created by taxpayers through the Legislature," but, should it be deemed not a state agency, then policyholders could face up to a $100 million federal tax liability and a $30 million state tax liability. The JUA fund currently has a balance of some $180 million.

For the immediate future, Lynch said, the challenge is to draft new rules for the JUA that spell out that it is, indeed, a state entity and therefore not subject to the tax liabilities mentioned above. Once that has been accomplished, Lynch said, a discussion could focus on where the money in the JUA fund should go."

Because policyholders' rights to the surplus cannot be reconciled with the claimed tax status, the implication of the Governor's comments are "Let me change the rules so policyholders have no rights, and then let's figure out where the money goes...." And if the policyholders don't get it, you can bet that it will be headed to the general fund.

The constitutional assault and attempted theft continues.....

Senator Sharon Carson-- A true supporter of policyholders

Senator Carson's Article from October 16, 2009

Last year, while the JUA case was on appeal to the New Hampshire Supreme Court, Senator Sharon Carson wrote in support of the constitutional rights of policyholders and the need to protect those rights. More recently, Senator Carson has been leading the effort to ensure that private property-- including the JUA surplus-- is protected for the healthcare community that paid these funds. Thanks for your continued support Senator.

Andrew Hosmer offers forceful support for healthcare providers while Governor Lynch remains misguided and misinformed....

Governor "Don Quixote" Lynch Continues His JUA Assault and "Crusade"

Andrew Hosmer (D), senate candidate from District 4, has carefully read all of the decisions concerning the attempted JUA raid, and concludes that indeed the excess surplus belongs to policyholders. His comments can be found at this link to the Laconia Citizen.

Governor Lynch, who started this Quixotic Quest with his budget address in February 2009 continues to be misguided and misinformed on the issues (One might think that the advisors who counseled him through this collosal loss would have been replaced.... but you would be wrong). The Governor clings to some notion that despite applicable laws which prohibit the state from running an insurance company, regulations that say surplus funds belong to policyholders and contracts which say the same, he can re-write rules to engineer a different outcome. I hear the music swelling.... "To dream, the impossible dream, To fight the unbeatable foe...."

Governor-- it's not that complicated. You went to law school. You know what it means when the Supreme Court rules against your position. You understand what a contract is. You know the obligations of the state constitution. You are a smart guy. The money does not belong to the state. Instruct your insurance commissioner to stand down and let the JUA pay the policyholders what they are owed. If you are so personally invested in making the fund tax exempt, return the excess funds immediately as damages or return premiums. Anything short of that outcome can only be read as preservation by you and your advisors on another attempted raid. And get some new advisors..... Now we are dreaming the "impossible dream."

Where is the transparency you promised Governor Lynch?

Governor Lynch and the Attorney General need a copy of the New Hampshire Constitution; they should be forced to read it, understand it and comply with it....

In May, 2010, attorneys for the policyholders served requests on Governor Lynch and Office of Attorney General concerning their ill-fated decision to try and raid the JUA surplus funds. Our state constitution guarantees to all citizens the right to an open, accessible, accountable and responsive state government. Our Right to Know Law requires the state government to provide citizens with a lot of information including the basis of its decisions. Despite these requirements, neither the Governor nor the Office of the Attorney General have provided any information in response to these requests. Nothing. Not one piece of paper. The state's lawyers keep giving themselves more time and now responses are not expected before the election. Coincidence????

The lawyers have had to ask a judge to make the Governor and Attorney General to do their job. It makes one wonder, what is the Governor hiding about his unconstitutional decision and why?

Please Governor.... Obey the law. Do your job. Stop stealing private property.

Groen, White: Good picks for Senate - Monday, Oct. 11, 2010

Groen, White: Good picks for Senate - Monday, Oct. 11, 2010

Two more supporters of the Protect Private Property Pledge are endorsed by the Manchester Union Leader. Fenton Groen in District 6 (against Senator Jackie Cilley who has not signed the Pledge) and Ray White in District 9 (against Bob Jones who has not signed the pledge). The healthcare providers appreciate your pledge of support. Good luck in the upcoming elections.

Stephen for Governor: It’s time for leadership - Monday, Oct. 11, 2010

Stephen for Governor: It’s time for leadership - Monday, Oct. 11, 2010

John Stephen has signed the Protect Private Property Pledge and has just been endorsed by the Manchester Union Leader. Indeed, the editorial references that Mr. Stephen would not raid the Malpractice Fund. Now that is something completely different... and welcome.

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....

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."

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.

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.

Republican Governors Association Focuses on the JUA Raid in New Ad

Union Leader article: GOP governors group takes on Lynch and his lack of 'no'