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A woman who was 16 when she killed a Nashville man who solicited her for sex must serve at least 51 years in prison before she's eligible for release, according to the Tennessee Supreme Court.On Thursday the court said defendants like Cyntoia Brown, who are convicted of first-degree murder committed after July 1, 1995, and sentenced to life imprisonment, can't become eligible for release from prison before serving more than five decades.The court's five justices were unanimous in their decision against Brown, who was convicted of killing a 43-year-old man in 2004 when he took her to his house for sex. Brown has said she killed him after she feared he would kill her.Thursday's ruling came in response to a lawsuit in which Brown argues her sentence is unconstitutional, citing a 2012 opinion by the US Supreme Court that said mandatory life sentences without parole for juvenile offenders violate the US Constitution.The Tennessee Supreme Court explained in a statement that "under state law, a life sentence is a determinate sentence of 60 years. However, the sixty-year sentence can be reduced by up to 15 percent, or 9 years, by earning various sentence credits."According to the Tennessee code, those credits include recognition for good behavior or participation in educational or vocational training programsA district court previously denied Brown's motion, per court documents, pointing out she hadn't been sentenced to life in prison without the possibility of parole -- just a life sentence.The case is pending judgment by the US Sixth Circuit Court of Appeals, which asked the Tennessee Supreme Court to share its opinion. 1649
After two years of colossal wildfires, California is now a checkerboard of dangerous burn zones threatening to turn into mudflow disasters.Cal Fire reports a record 1.8 million acres turned black in the Golden State this year, from Redding to Riverside County.Meteorologists and first responders look at each coming rainstorm as potential disasters below slopes stripped bare by blazes."We're getting into situations we never planned for or foresaw," Cal Fire spokesman Scott McLean said. "But we continue to fight the fight."Homeowners and volunteers are also joining the battle, shovels in hand, stuffing bags with dirt, or sometimes sand, to build barriers against mudslides.Lauren Young filled up sacks on a dirt hill in Agoura Hills, one of the communities charred by the Woolsey Fire, which destroyed 1,500 structures and charred almost 97,000 acres."We are surrounded by mountains and it's beautiful, but this is something we have to get ready for," Young said as she took a break."We saw what happened in the Santa Barbara Montecito area, so we want to stop that from happening here."Last January, after the Thomas Fire burned 281,000 acres in Santa Barbara and Ventura counties, a huge storm stalled in the mountains above Montecito.The bare hillsides lacked the vegetation to hold water and an ensuing mudflow killed 21 people. Two children are still missing.Rivers of mud and rock destroyed or damaged more than 435 homes."We're still digging out from that and we will be for a while," said Dale Olivas, leading a platoon of FEMA-paid workers clearing dried mud and piles of brush in Montecito.Olivas stood next to a disaster exclusion zone sign in a neighborhood where Montecito residents were found in muddy tombs.The mudflow claimed Olivas' tree care business, because many owners of ruined homes could no longer pay for his services."Be organized," Olivas warned residents of other California communities vulnerable to the mudslides. "Be prepared. When they asked you to evacuate, evacuate."Across California, counties are setting up systems for residents to sign up for text alerts on phones, laptops and other devices.In Ventura County, first responders are keeping watch on the Thomas Fire burn zone to the west and the Woolsey and Hill fire zones to the eastCapt. Stan Ziegler of Ventura County Fire explained the areas of greatest risk for devastating mudflow are neighborhoods below freshly burned, denuded, steep hillsides."There's not a lot of vegetation that's going to (help) hold the rain," said Ziegler. "The steeper the terrain, the faster the rainwater is going to pick up speed."But predicting just where the next major California mudslide will bury a community is a challenge."You have so many microclimates that it makes it difficult to determine exactly where these big storms are going to develop," said Keily Delerme, meteorologist with the National Weather Service Oxnard station.The big storms have been rare as California suffers through the ravages of several years of drought."It's good for us to get rain, but it's dangerous in those burn areas," Delerme said."You have to be cautious about what you wish for." 3159
About 1 in 3 people 65 and older in the U.S. enroll in Medicare Advantage, the private insurance alternative to traditional Medicare. It’s not hard to see why: Medicare Advantage plans often cover stuff that Medicare doesn’t, and most people don’t pay extra for it.But Medicare Advantage can be more expensive if you get sick because copays and other costs can be higher, says Katy Votava, president of Goodcare.com, a health care consultant for financial advisors and consumers.Unhappy customers who want to switch back to traditional Medicare may find they no longer qualify for the supplemental policies to help pay their medical bills, or that they would face prohibitively high premiums.“These are complicated products,” says Votava, author of “Making the Most of Medicare.” “They’re like nothing else, no other insurance that people encounter anywhere until they get to Medicare.”Medicare’s alphabet soupThe first hurdle many people face when deciding about Medicare coverage is simply understanding how the various parts fit together. Traditional Medicare, also known as original Medicare, has two parts:Part A covers hospitalization and is typically premium-free.Part B covers outpatient care, including doctor visits, and has a standard monthly premium of 4.60 for 2020, although higher-income people pay more.You can choose any doctor who accepts Medicare, and most do. The government pays health care providers directly.Part D is prescription drug coverage, which is provided by private insurers. The drugs that are covered and the amounts you pay out of pocket vary widely. Monthly premiums vary as well but average .74 in 2020.Traditional Medicare has deductibles, copays and coinsurance that can quickly add up. To cover these gaps, private insurers also offer supplemental plans known as Medigap. The average monthly Medigap premium in 2019 was 2, according to health insurance marketplace eHealth.com, but it can be lower or much higher depending on the plan, the insurer and the area where you live. The plans are known by letters A through N. As with traditional Medicare, you can choose any doctor who accepts Medicare.If you apply for a Medigap policy when you’re first eligible for Medicare, the insurer has to accept you and can’t charge more for preexisting conditions.How Medicare Advantage is differentMedicare Part C is Medicare Advantage. Rather than add to the other parts of Medicare, however, Medicare Advantage plans replace them. Insurers that offer Medicare Advantage are required to provide all the benefits of Part A and Part B, and most plans include Part D drug coverage as well. In addition, the plans typically cover certain expenses that Medicare doesn’t, such as hearing, vision and dental care.Most Medicare Advantage enrollees in 2020 paid no additional premiums for their coverage, other than their regular Part B premiums, according to the Kaiser Family Foundation, a health research group.How Medicare Advantage manages costsMedicare Advantage plans are similar to employer-provided group health insurance: To be covered, you typically must choose health care providers in the insurance company’s network. The network may be relatively narrow if the plan is a health maintenance organization (HMO) or somewhat broader if it’s a preferred provider organization (PPO). You may need preapproval for certain types of care or referrals to see specialists. If you go out of network, your costs may not be covered or may not apply to your out-of-pocket limits. Even if your doctor is in-network now, that could change and you might not get much notice.Also, Medicare Advantage plans are typically regional. If you move out of the area or travel to other states, you may not be covered.The devil’s in the details, and Medicare Advantage plans have many, many details. The average Medicare beneficiary has access to 28 Medicare Advantage options, with varying networks, coverage, deductibles, copays and co-insurance, according to the Kaiser Family Foundation. In general, though, Medicare Advantage costs less upfront and potentially more overall if you need lots of medical care. Many Medigap plans have higher upfront costs but cover most if not all of your expenses when you need care.If you want to switch from one Medicare Advantage plan to another, you can do so during annual enrollment periods. But if you want to switch from Medicare Advantage to traditional Medicare, you often won’t have guaranteed access to a Medigap policy. That means the insurer may charge you more, exclude preexisting conditions for a time or not issue you a policy at all.That doesn’t mean Medicare Advantage plans are a poor choice — just a complicated one, says Tatiana Fassieux, a training specialist with California Health Advocates, a Medicare advocacy nonprofit. She recommends people contact their state health insurance assistance program, which can provide free, unbiased one-on-one counseling. Links to these programs can be found by visiting the SHIP National Technical Assistance Center.“People should not rely exclusively on television commercials,” Fassieux says. “That’s when people get stuck and sometimes make the wrong decision.”This article was written by NerdWallet and was originally published by the Associated Press.More From NerdWalletSmart Money Podcast: Fake Reviews and Saving ‘Too Much’Is Moving Now Your Best Financial Move?When Debt Relief Does More Harm Than GoodLiz Weston is a writer at NerdWallet. Email: lweston@nerdwallet.com. Twitter: @lizweston. 5523
Allstate Insurance announced on Wednesday that they are planning to lay off 3,800 employees.In a press release, the company said the layoffs were part of a restructuring plan to lower costs.Allstate will make the cuts in the sales, claims, and support departments."Implementing this plan is difficult as we still deal with the impact of the pandemic but necessary to provide customers the best value," said Tom Wilson, Chair, President, and CEO of Allstate in the press release. "We have expanded transition support for impacted employees including prioritized internal hiring, extended medical coverage, expanded retraining support, and help in employment searches."According to the Wall Street Journal, the layoffs cover approximately 8% of Allstate's 46,000 employees.Roughly 1,000 of those laid off are linked to the pandemic-related refunds the insurance company is giving to customers, WSJ reported.Back in April, Wilson told CNBC that the pandemic has resulted in people driving less, and as a result, there are fewer accidents and claims.Allstate reduced policy-holders' bills back in March, like many insurers. 1127
After her 15-year-old son ended up "in critical and life-threatening condition" from an adenovirus outbreak at a New Jersey health care facility, one mother is suing those who she believes allowed her son to end up in the ICU, according to a lawsuit filed Wednesday.Paula Costigan's son, William DelGrosso, was one of dozens of medically fragile children who were infected with the virus beginning in late September at the Wanaque Center for Nursing and Rehabilitation in Haskell, New Jersey.As of Friday, 31 residents have been affected by the outbreak, including 10 deaths, according to the state health department. DelGrosso remains hospitalized.According to the lawsuit, DelGrosso came down with a fever on October 11 and was transferred to the intensive care unit at Hackensack University Medical Center on October 18 with "serious respiratory complications." He is still there now, according to the family's lawyer, Paul da Costa."As a mother, it's hard enough to not have your child under your own roof and have to trust and rely on a facility to care for your child," da Costa said, adding that Costigan "feels as if the facility was trying to hide the fact there was this serious virus spreading like wildfire." 1228