Ten banks to pay $8.5 billion to settle foreclosure abuse review









WASHINGTON -- Ten of the nation's largest mortgage servicers have agreed to an $8.5-billion settlement with federal regulators to end a review of foreclosure abuses.


The settlement, announced Monday, involved some of the biggest names in the financial industry, including Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and Citigroup Inc..


They agreed to pay a total of $3.3 billion to more than 3.8 million borrowers whose homes were in foreclosure in 2009 and 2010, according to the Federal Reserve and the Office of the Comptroller of the Currency. Borrowers could receive as much as $125,000, depending on the type of problems with their foreclosures.





In addition, the banks agreed to provide $5.2 billion in other assistance to those borrowers, including modifications to their mortgages or having judgments against them forgiven.


The other servicers participating in the settlement are Aurora Loan Services, MetLife Bank, PNC Financial Services, Sovereign Bank, SunTrust Banks and U.S. Bancorp. Four smaller servicers whose foreclosure practices have been under review did not sign on to Monday's settlement.


Under the original plan devised by the comptroller and the Federal Reserve in April 2011, 4.4 million Americans whose homes were in foreclosure proceedings in 2009 and 2010 could request a free review. Only about half a million have done so.


Regulators decided to stop the reviews in exchange for the cash payments and assistance.


Borrowers who requested reviews would get bigger cash payments. Those that did not would get a few hundred dollars. Those who requested reviews would get bigger payments.


"When we began the Independent Foreclosure Review, the OCC pledged to fix what was broken, identify who was harmed and compensate them for that injury," said Comptroller of the Currency Thomas J. Curry. 


"While today's announcement represents a significant change in direction," he continued, "it meets those original objectives by ensuring that consumers are the ones who will benefit and that they will benefit more quickly and in a more direct manner."


Curry said that although regulators have "have learned a great deal from the reviews ... it has become clear that carrying the process through to its conclusion would divert money away from the impacted homeowners" and delay compensation to the borrowers.


Rep. Elijah E. Cummings (D-Md.), criticized the decision by regulators to reach a settlement with the mortgage servicers. 


"I am deeply disappointed that the OCC and the Federal Reserve finalized this settlement and effectively terminated the Independent Foreclosure Review process before providing Congress answers to serious questions about how this settlement amount was determined, who these funds will go to, and what will happen to other families who were abused by these mortgage servicing companies, but have not yet had their cases reviewed," Cummings said.


He said he didn't know "know what the rush was to make this settlement without answering these key questions" and that he had "serious concerns that this settlement may allow banks to skirt what they owe and sweep past abuses under the rug without determining the full harm borrowers have suffered."


 ALSO:


Investors bet BofA can begin to focus on expansion


$10-billion settlement of foreclosure abuse cases said to be near


Bank of America to pay Fannie Mae $10 billion in loan settlement


Follow Jim Puzzanghera on Twitter and Google+.





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Mark Zuckerberg faces fine in Germany over Facebook privacy violations









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Jimmy Kimmel moves to late-night's sweet spot


LOS ANGELES (AP) — During production of his final post-midnight show, Jimmy Kimmel's studio audience waited patiently while he taped a string of promotional spots.


"Hey, Denver: You, me, now at 10:35. Let's not be weird about this," the host quipped to the camera in his Hollywood Boulevard studio.


"This will be good for us," Kimmel said earnestly in another local station promo.


The message in each spot — whether "Jimmy Kimmel Live" is on at 11:35 p.m. in the East and West or earlier elsewhere — is that Kimmel will be playing in the same league as veterans Jay Leno and David Letterman, starting Tuesday with guests Jennifer Aniston and No Doubt.


The message Kimmel delivered to a recent teleconference was equally concise: He won't be changing his style for the move, pushing aside conventional wisdom that edgier late-night humor won't play in Peoria or elsewhere before the clock strikes 12.


It's "Jimmy Kimmel Live," after all, that has given the world such brashly funny videos as the Matt Damon-Sarah Silverman musical romp with bleep-worthy lyrics.


"There's this idea that you need to broaden the show or make it ... more wholesome or something like that. And I think that's a little bit out-of-date, that perception," Kimmel told reporters.


"I guess only time will tell," he added, in his typically low-key delivery.


Just as with Kimmel's promised approach to the most coveted time period in late-night, ABC is taking a bold step by swapping "Nightline" with his show. The news program, offering viewers a non-talk show option, has been the period's ratings leader.


But the network likely won't be sweating the early returns, according to analyst Brad Adgate of Horizon Media. He says putting Kimmel into the pre-midnight pocket, when more viewers are still up and watching, is a strategy aimed at an inevitable future.


"Leno and Letterman aren't going to be doing this forever," Adgate said, and ABC gives him a head start on establishing himself by putting him on now.


"This is something you may scratch your head at now, but in five years from now he's the incumbent and the leader" in the time period, the analyst said.


Long-term schemes, of course, don't always pan out. Despite anointing Conan O'Brien as its new "Tonight" host five years before he made the move in 2009, NBC ended up with a mess on its hands that saw O'Brien bolt to TBS and Leno retake "Tonight" in 2010 after his short-lived prime-time series.


Whether Kimmel gets a jump on his opponents-to-be — with Jimmy Fallon the expected pick for "Tonight" — being the late-night ruler is a far different proposition than in Johnny Carson's day. The "Tonight" institution, operating virtually unopposed, could average a nightly audience of as much as 15 million.


That's unimaginable in today's fragmented TV world. Leno claims the top talk-show spot with some 3.5 million average viewers, followed by Letterman on CBS with 2.8 million. "Jimmy Kimmel Live" was drawing under 2 million nightly viewers at 12:05 Eastern but, according to Nielsen Co. ratings, finished up 2012 with a 10-year viewership high.


The demographics also have changed, with more advertiser-favored young viewers gravitating to cable options such as Adult Swim or Comedy Central and increasingly likely to catch up online with the best moments of network late-night.


But the 11:35 p.m. East-West sweet spot remains the prize, and Kimmel may have more than the desire to succeed in mind. While he's a long-time admirer of Letterman, he's taken sharp public jabs at Leno, including blaming him for O'Brien's ill-fated tenure at "Tonight."


So Kimmel is humble about competing directly with Letterman (calling him a "legend in broadcasting" who shouldn't bat an eye at the prospect of new competition) but is throwing elbows at Leno, especially over the "Tonight" plan to get out ahead of "Jimmy Kimmel Live" by airing at 11:34 p.m. Eastern.


"Well, I think NBC has had a lot of success moving Jay Leno earlier so it makes perfect sense," he said, dryly, referring to Leno's short-lived prime-time stint. Kimmel dismissed the time-shifting as likely a brief "trick" to protect "Tonight" ratings, one that ultimately won't matter.


"This really isn't about the first month or about the first week or about the first night, it's a long-term thing," Kimmel told reporters. "If we do well the first week, I'm sure there will be a lot of press given to that. But what really matters is how you do in May, and that's when we'll really know ... where we stand."


___


Online:


http://abc.go.com/


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Massachusetts Plans Stricter Control of Compounding Pharmacies





BOSTON — New laws to strengthen state control of compounding pharmacies were proposed on Friday by Gov. Deval Patrick, in hopes of preventing another public health disaster like the current outbreak of meningitis caused by a contaminated drug made in Massachusetts.




The laws will be among the strongest in the country, said Kevin Outterson, a law professor at Boston University and a member of the expert panel that advised the state on how to curb abuses by companies like the New England Compounding Center, the Framingham pharmacy that made the tainted drug responsible for the nationwide meningitis outbreak.


The legislation would establish strict licensing requirements for compounding sterile drugs; let the state assess fines against pharmacies that break its rules; protect whistle-blowers who work in compounding pharmacies; and reorganize the state pharmacy board to include more members who are independent of the industry and fewer who are part of it.


Alec Loftus, a spokesman for the state’s Office of Health and Human Services, said that Mr. Patrick expected the new legislation to be passed quickly.


Daniel Carpenter, a professor of government at Harvard, said the proposed laws seemed sound and comprehensive. But he warned that if other states did not take similar steps, compounding pharmacies engaging in shoddy practices would just move to places with the weakest laws and the least oversight.


“The remaining question is not what Massachusetts is doing or will do, but will there be a minimum level of regulation like this in the rest of the states?” Professor Carpenter said.


The meningitis outbreak, first detected in September, was caused by contaminated batches of a steroid, methylprednisolone acetate, made by the New England Compounding Center. The drug was injected into about 14,000 people’s spinal area to treat back and neck pain.


As of Dec. 28, 656 people in 19 states had become ill with meningitis or other infections, like severe internal abscesses in the area where the drug was injected. Some have had both meningitis and spinal infections. The case count is expected to keep rising. Thirty-nine have died.


The New England Compounding Center was shut down, and inspections found extensive contamination. Investigations uncovered a long history of questionable practices that had drawn warnings from the state and the Food and Drug Administration.


On Dec. 21, the company announced that it had filed for bankruptcy. Numerous lawsuits have been filed against it.


At the heart of the problem have been gaps in regulation that have allowed such companies to avoid both state and federal controls. The company called itself a pharmacy, and pharmacies are generally regulated by states, while large drug companies are regulated federally, by the Food and Drug Administration.


Compounding pharmacies mix their own drug preparations, like skin creams and cough syrups, supposedly for individual patients with special needs. But the New England Compounding Center began to act like a manufacturer, making and shipping large amounts of injectable drugs, for which sterility is essential. No state law required it to obtain a license for this type of large-scale compounding, to follow good manufacturing processes or to let the state know it was shipping all over the country.


Dr. Lauren Smith, interim commissioner of the Massachusetts Department of Public Health, said the company “was a manufacturer in pharmacy clothing.”


Governor Patrick said, “The tragic meningitis outbreak has shown us all that the board’s governing authority has not kept up with an industry that has evolved from corner drugstores to the types of large manufacturers that have been at the center of so much harm.”


Dr. Smith said she thought the most important part of the new legislation was the requirement of a license for sterile compounding. “Now we are going to have the ability to develop specialty licenses that will allow us to track and identify those pharmacies that are engaged in different practices that could potentially put higher numbers of individuals at risk, such as those who engage in sterile compounding,” she said.


Professor Carpenter said a particularly powerful part of the proposal is that it requires licensure for out-of-state pharmacies that ship medication to Massachusetts. The state, he said, is a huge market for injectable drugs.


“Basically, if you think about the large hospitals, the amount of medical care that goes on in the state, it’s in a sense using the purchasing power of the state of Massachusetts to induce changes elsewhere,” he said.


The state has also taken other steps recently to rein in compounding, apart from the new legislation. It began conducting surprise inspections, and has required compounding pharmacies to report how much medication they are shipping and where, so that it can keep tabs on those that begin acting like manufacturers. It also requires the pharmacies to report when they become subjects of regulatory actions by other states or the federal government.


Abby Goodnough reported from Boston, and Denise Grady from New York.



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Stocks sink as S&P 500 eases from 5-year high












Stocks are closing lower on Wall Street, pulling the Standard & Poor's 500 index down from the five-year high it reached Friday.

The S&P 500 dropped four points end at 1,461 Monday. Stocks surged last week after lawmakers reached a last-minute budget deal.

The Dow Jones industrial average lost 50 points to close at 13,384, while the Nasdaq composite fell two points to 3,098.

Investors are shifting their focus to corporate profits. Aluminum producer Alcoa launches the reporting season for the fourth quarter of 2012 after the market closes on Tuesday.

Superstorm Sandy, the presidential election, and worries about the narrowly avoided “fiscal cliff” could make for some surprises.

Falling stocks outnumbered rising ones on the New York Stock Exchange. Volume was about average at 3.3 billion shares.

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A solution to La Jolla's smell problem proves elusive









LA JOLLA — There's a political stink rising in this seaside community, blown ashore from the rocks of La Jolla Cove, where myriad seabirds and marine mammals roost, rest and leave behind what animals leave behind.


The offal accumulation is offending noses at trendy restaurants, tourist haunts, and expensive condos perched on some of the most pricey real estate in the country. But finding a solution to the olfactory assault has proved elusive.


Environmental regulations have thwarted proposals to cleanse the rocks with a non-toxic, biodegradable solution. Even a low-tech idea to scrub the rocks with brooms may need official approval.








The state-protected cove area falls under the permitting jurisdiction of the California Coastal Commission and San Diego Regional Water Quality Control Board. Since wildlife is involved, the National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service also have authority.


The normally low-key Sherri Lightner, who represents La Jolla on the San Diego City Council, has challenged — some say dared — Gov. Jerry Brown to tour the cove area in high stink season.


"Everybody is pointing fingers, and nobody is doing anything," said a La Jolla resident who strolled the sidewalk along the community's famed corniche on New Year's Day, tissue to her nose to battle the smell.


A San Diego park ranger assigned to the La Jolla beaches takes a more philosophic approach toward the excretory matter. "It's a natural process," said ranger Richard Belesky. "But would I want to buy a multimillion-dollar condo with the stink nearby? I don't think so."


The difficulty of reconciling the habits of sea creatures and the needs of humankind is not new to La Jolla. South of the La Jolla Cove is the Children's Pool where harbor seals lounge on the beach.


For two decades a legal and political dispute has raged between people who say the seals should be removed because they are blocking access to the water and those who say the seals should be allowed to stay, particularly during pupping season. Signs warn bathers that seal excrement has resulted in a high bacteria count that can cause disease.


At the La Jolla Cove, the droppings began to pile up after restrictions were put in place to keep people from climbing down the delicate bluffs to the rocks below. The birds and mammals suddenly had no reason to scatter.


The La Jolla Village Merchants Assn. gathered more than 1,000 signatures demanding an immediate solution. But immediate is not in the governmental lexicon when it comes to issues involving the ocean and wildlife.


To wash down the rocks would require a National Pollutant Discharge Elimination System permit from the San Diego Regional Water Quality Control Board. The city, probably the full City Council, would need to endorse a specific wash-down proposal — but that, according to Lightner's staff, would mean submitting the issue to an application process that could take at least two years, given the backlog at the water board.


And even if the water board approved the application, the issue would then proceed to the Coastal Commission, an agency not known for its speed.


In hopes of finding a faster, if more limited, solution, city officials are considering arming Park and Recreation Department employees with brooms to scrub down the rocks. They assure that steps will be taken to ensure that no runoff reaches the ocean and no birds or mammals are hurt.


Talks are planned with regional, state and federal agency staff members to see if such a limited approach could be taken without a full-tilt application process. A radio talk-show host has shown the way, taking his own broom to the cove.


Meanwhile, restaurateurs say the smell continues to discourage patrons. Some tourists complain that it mars their vacations. Shirley Towlson, a bookkeeper who arrived in La Jolla from Phoenix, was shocked at the smell along the promenade and outside her hotel.


"I thought La Jolla meant 'The Jewel,' '' she said. "This smells more like 'The Toilet.' "


Other tourists find the smell but a small downer amid the other joys of La Jolla as a seaside place of visual beauty, fine dining and chic shopping.


"It smells like fish," said Mark Bain, a general contractor from Sacramento, enjoying a New Year's week idyll. "It happens."


He said the smell is not nearly as noxious as when dead fish line the banks of the Sacramento River. "Now, that's really bad," he said.


tony.perry@latimes.com





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Riches in niches: U.S. cops, in-flight movies may be model for Panasonic survival






TOKYO (Reuters) – Panasonic Corp’s answer to the brutal onslaught on its TV sales may be in a product the Japanese firm launched 17 years ago and which is a must-have for U.S. police cars.


Two thirds of the 420,000 patrol cars in the United States are equipped with the company’s rugged Toughbook computers, and Panasonic chief Kazuhiro Tsuga sees the niche product as a model for how the sprawling conglomerate can make money beyond a gadget mass market increasingly dominated by Samsung Electronics and Apple Inc.






“What we need are businesses that earn, and they don’t necessarily have to have big sales,” Tsuga told reporters after his appointment as company president was approved in June.


Tsuga also sees avionics – Panasonic is the world’s leading maker of in-flight entertainment systems – automated production machinery, and lighting as profit earners as income from TVs and other consumer electronics dwindles.


Panasonic, Sony Corp and Sharp Corp have been hit hard by South Korean-made TVs, Blu-ray players and mobiles and Apple tablets that threaten to wipe out Japan as a global consumer electronics hub. The Toughbook, sold only to businesses and governments, was conceived as a response to the type of profit sapping competition that is now roiling TVs.


“At the time, we were losing in personal computers to Compaq and IBM,” said Hide Harada, who heads the Toughbook unit from the group’s headquarters in Osaka, western Japan. IBM later sold its laptop business to China’s Lenovo Group and Compaq was absorbed by Hewlett Packard.


“It was a guerilla strategy,” Harada said, recalling the Toughbook’s launch in 1996. Panasonic’s promotion campaign included driving jeeps over its computers, dropping them on the ground and dousing them with coffee on morning TV shows.


At rival Sony, too, signs of a niche strategy are emerging in a battle with Apple and South Korean brands that are making gains from a weaker won currency. Combining technologies from several divisions – from projectors to video cameras and headphones – Sony’s 3D Viewer head-mounted visor gives users the feel they are sitting in the middle of a 500-seat movie theater.


The target audience, says product manager Hideki Mori, are those consumers looking to immerse themselves in computer graphics and high quality movies. “Demand has been greater than anticipated,” he said, declining to give specific sales numbers.


LOSING GROUND


The two Japanese firms will show off their wares at this week’s annual CES consumer electronics show in Las Vegas, an event usually dominated by prototypes for next-generation TV technology. Tsuga is due to deliver the event’s keynote speech.


In the past, the Japanese have showcased ultra high-definition 4K televisions, while Samsung and LG Electronics Inc have displayed their ultra-thin OLED (organic light-emitting diode) screens. But, at a price tag likely 10 times that of conventional LCD screens, consumers will take a while to make the generational leap.


Meanwhile, losses at Panasonic, Sony and Sharp mount up. Panasonic has predicted a net loss of $ 8.9 billion in the year to end-March, while Sharp, which has been bailed out by banks, expects an annual loss of $ 5.24 billion. Helped by asset sales, Sony should eke out a small profit.


Japan’s share of the flat panel TV market has shrunk by around a quarter in the past two years, to around 31 percent, according to the Japan Electronics and Information Technology Industries Association. Amid a prolonged strong yen squeeze, the industry lobby expects Japan’s share of the DVD and Blu-ray disc player market to have dropped to around half last year from nearly two-thirds in 2010. Just 8 of every 100 mobile phones sold globally are now Japanese. Manufacturers have shifted TV production overseas, with output in Japan now less than a tenth of what it was two years ago.


Tsuga, who acknowledges Panasonic is a “loser” in consumer electronics, has warned his business units they will be closed or sold if they fail to match Toughbook’s success, giving each two years to deliver at least a 5 percent operating margin.


Any niche-winning strategy that takes his company away from mass market products means Tsuga will need fewer workers, investors say. Panasonic is Japan’s biggest commercial employer with a workforce of more than 300,000. It plans to axe 10,000 jobs in the year to March on top of the 36,000 that were cut in the previous year. More big cuts in Japan, where major lay-offs are uncommon and severance packages expensive, won’t be easy, said Yuuki Sakurai, CEO at Fukoku Capital Management in Tokyo, which manages assets worth $ 18.4 billion, but doesn’t own Panasonic stock.


“It’s like trying to chase the course of a battleship. If they want to become a light cruiser or destroyer, they’ll have to lose employees,” Sakurai said.


GLOBAL STANDARD


Workers Panasonic will likely keep are those in Kobe in western Japan who build the Toughbook PCs – a category defined by a U.S. military quality benchmark that serves as a de facto global standard. Its market share is on a par with Apple’s in tablets, with most U.S. police departments willing to pay as much as $ 3,000 for the rugged laptops which can withstand bumpy high-speed chases and other rigors of street policing.


“They have been near bullet-proof. We had a patrol car catch fire and after all the heat, smoke and water dissipated the computer continued to function,” said Bill Richards, logistics commander for the Tucson police in Arizona, whose force owns close to 650 Toughbooks that connect patrol cars with dispatchers, license records and other police databases.


Other customers include the New York Police Department, California Highway Patrol, Brazilian Military Police and British and U.S. military, which use them on unmanned aerial drones.


“Panasonic is the bellwether, the most recognized brand. The Toughbook is almost synonymous with rugged notebooks,” said David Krebs, a vice president at VDC Research.


While margins in the global PC market are getting slimmer – research firm IHS iSuppli sees annual sales growth of around 7 percent over the next four years from about 216 million PCs last year – the premium-price, fatter margin, rugged PC niche is seen growing by around 10 percent a year to nearly 1.2 million computers by 2016, according to VDC Research.


ANALOG EDGE, DIGITAL SAMENESS


At the Kobe factory, Toughbooks are put through their paces: hosed down to test water resistance, baked to 50 degrees Celsius, chilled to minus 20 degrees and dropped on their tops, bottoms, sides and corners.


Harada describes it as an analog edge in digital products.


“Whoever makes them, the insides of a computer are pretty much the same. It’s the mechanical side that makes us different,” he explained.


The creators of Sony’s 3D Viewer, too, are looking for mechanical appeal as much as electronic prowess. A second, redesigned model, which is now on sale in Japan, is 25 percent lighter at 330 grams, has a better grip and gives users the option of headphones or earplugs, said Mori. “We want to make it lighter,” he added, noting engineers are looking to slim down the heaviest component, the lenses.


While Sony keeps chasing consumers, Panasonic is pursuing a business-to-business niche market model that Tsuga has put at the heart of his revival plan. High on Harada’s target list for the Toughbook are Japanese police forces, which don’t yet buy the computers.


There are no plans, he said, to make cheaper mass market models – which could protect some jobs in the group.


“We aren’t going to put it in Best Buy or Walmart. I don’t think it would turn out well.”


($ 1 = 85.9250 Japanese yen)


(Editing by Ian Geoghegan)


Gadgets News Headlines – Yahoo! News




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NBC says it's not the 'shoot-'em-up' network


PASADENA, Calif. (AP) — NBC says it is conscious about the amount of violence it airs in the wake of real-life tragedies, but it isn't really an issue because NBC isn't the "shoot-'em-up" network.


Network entertainment President Jennifer Salke said Sunday that NBC hasn't taken any specific steps to ask show creators to tone down violence. She said it would be different if NBC was perceived as a "shoot-'em-up" network with many crime procedurals, but she said it wasn't an issue.


NBC has in development a drama based on the life of Hannibal Lecter, one of fiction's most indelible serial killers, but hasn't scheduled it for the air.


Entertainment Chairman Robert Greenblatt said a tonic for people disturbed by violence is to watch an episode of "Parenthood."


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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'Texas Chainsaw 3D' is strong No. 1; 'Promised Land' disappoints









"Texas Chainsaw 3D" easily sliced through the competition at the box office this weekend — not that its rivals were particularly threatening.


As the only new film to hit theaters nationwide, the reboot of the 1974 horror flick only had to contend with a handful of movies that have been out for weeks. Still, the low-budget movie did better than expected, collecting a robust $23 million during its opening weekend, according to an estimate from distributor Lionsgate.


Heading into the weekend, pre-release audience polling suggested that "The Hobbit: An Unexpected Journey" would claim No. 1 for the fourth consecutive weekend, while "Chainsaw" looked poised to finish second with around $16 million. Instead, Peter Jackson's film grossed $17.5 million, raising its domestic total to $263.8 million.





PHOTOS: All-time box office leaders


Meanwhile, both "Django Unchained" and "Les Misérables crossed the $100-million milestone. Since being released on Christmas Day, Quentin Tarantino's film has sold $106.4 million, while the film version of the Broadway musical is up to $103.6 million. The continued performance of the movies helped to start the year off on a positive note, as ticket sales were up 7% compared with the same weekend in 2012.


"Texas Chainsaw 3D" is the sixth film to feature the villain Leatherface since the original horror film was released almost four decades ago. The new movie posted the second-highest opening of any "Chainsaw" film — not adjusting for inflation — behind 2003's "The Texas Chainsaw Massacre," the Jessica Biel film which ultimately sold a strong $80.6 million.


Financed by Avi Lerner's Millennium Pictures for about $20 million, "Texas Chainsaw 3D" is being distributed by Lionsgate. The movie — which has notched only a 23% fresh rating on the review aggregation site Rotten Tomatoes — received an average grade of C+ from opening-weekend moviegoers, according to market research firm CinemaScore. However, horror films often receive poor CinemaScores and still go on to do good business at the box office.


The film attracted a young audience, 64% of whom were under the age of 25. Of those in that age group, 1 out of 3 said the main reason they showed up to see the film was because the musical artist Trey Songz had a role in it. "Chainsaw" is the first film the 28-year-old Grammy nominee has starred in, and he has been heavily promoting the picture to his 5.6-million Twitter followers in recent weeks.


PHOTOS: Horror movie locations around Los Angeles


Also this weekend, the Matt Damon-John Krasinski collaboration "Promised Land" got off to a bad start. The environmental picture, which was co-written by and stars the actors, expanded from 25 theaters to 1,676 locations but brought in a lackluster $4.3 million.


The Focus Features production about a town with natural gas reserves only cost the studio and co-financier Participant Media about $15 million to produce. But with middling reviews and a B CinemaScore, it's a long shot that the film will end up being a hit even given its modest budget.


Another film that expanded this weekend was "The Impossible," the $40-million production about a family in the aftermath of the 2004 Thailand tsunami. Playing in 572 locations, the Summit Entertainment release collected a so-so $2.8 million. However, the picture is faring far better overseas. Already a hit in Spain, where its filmmaker hails from, the movie debuted in the United Kingdom this weekend and grossed $6.4 million. Overall, the movie has grossed $81.2 million abroad and $3.4 million in the U.S. and Canada.



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