On Wednesday, Rep. Mike Thompson (D-CA-04) and Sen. Alex Padilla (D-CA) announced the Senate’s unanimous vote to pass the bipartisan Federal Disaster Tax Relief Act (H.R. 5863).
The bill includes Rep. Thompson’s legislation that will exempt thousands of qualified wildfire victims in California from having to pay federal income tax on their settlement money or pay tax on attorney fees included in the settlement. This relief will also apply retroactively to qualified victims.
“Fire survivors have been through enough in the wake of losing their homes and livelihoods to wildfires — it’s wrong to tax them on the settlement money meant to help them rebuild their lives,” said Rep. Thompson on Wednesday. “The Senate’s unanimous vote to pass tax relief for fire survivors is an important step towards recovery for victims in my district and across California. Today’s overwhelming and bipartisan vote to deliver relief to victims was made possible by Senator Padilla and I thank him for his dedication and partnership in getting this passed.”
“Disaster settlement funds are not income, they’re compensation for what wildfire survivors have lost,” said Sen. Padilla. “When a wildfire survivor is combing through the ashes of their former home, the last thing they should have to worry about is how they’re going to pay taxes on any settlement they receive. Our bipartisan, bicameral bill will ensure the tens of thousands of Californians impacted by the Butte, North Bay, and Camp wildfires receive full and proper compensation to rebuild their lives after heartbreaking disaster.”
H.R. 5863 passed the Senate on Wednesday by unanimous consent. The bill will now go to President Biden’s desk to be signed into law.
Rep. Thompson serves as the Ranking Member of the Subcommittee on Tax for the Ways and Means Committee. He introduced the original legislation with Rep. Doug LaMalfa (CA-01) in the House of Representatives to provide tax relief to PG&E fire victims in the 117th Congress and has worked with Senator Padilla and Rep. LaMalfa to advance the legislation.
Earlier this year, Rep. Thompson and Rep. Greg Steube (FL-17) led a bipartisan group of 218 Members of Congress to successfully advance a discharge petition which forced House Speaker Mike Johnson to bring the Federal Disaster Tax Relief Act to the House floor for a vote. The historic advancement of Rep. Thompson and Rep. Steube’s petition marked only the third time a House discharge petition had succeeded in the 21st Century.
The Federal Disaster Tax Relief Act excludes from taxpayer gross income, for income tax purposes, any amount received by an individual taxpayer as compensation for expenses or losses incurred due to a qualified wildfire disaster (a disaster declared after 2014 as a result of a forest or range fire).
It also excludes relief payments for losses resulting from the East Palestine, Ohio, train derailment on Feb. 3, 2023 and designates Hurricane Ian, among other federally declared disasters, as a qualified disaster for the purposes of determining the tax treatment of certain disaster-related personal casualty losses.
LAKE COUNTY, Calif. — A vote by the Lakeport City Council on Tuesday evening became the latest in what county health officials said is a series of tobacco prevention policy milestones meant to improve public health.
On Tuesday, the Lakeport City Council held its second and final reading of a tobacco retailer licensing ordinance, approving it 4-1, with Councilman Kenny Parlet being the loud and only dissenting vote.
Later that night following the Lakeport City Council’s vote, Lake County Health Services released a statement in which it announced “the culmination of years of dedicated collaboration and community engagement in achieving a Tobacco Retail Licensing ordinance, alongside critical Smoke-Free Outdoor Policies. These initiatives underscore Lake County’s commitment to protecting public health and reducing tobacco-related harm, particularly among youth.”
Lake County Health Services said the groundwork for these policies was laid beginning in 2017 with the city of Clearlake.
In an effort to work towards a tobacco retail license, the Clearlake City Council passed a moratorium preventing new tobacco retailers in 2018. This action set the stage for the development of a comprehensive tobacco retail license and smoke-free outdoor policies. By 2019, the city of Clearlake had extended the moratorium twice and adopted a smoke-free outdoor policy.
Concurrently, Lake County Health Services engaged with the Board of Supervisors to present the framework for tobacco retail licensing and smoke-free policies, including discussions on fee structures, enforcement and penalties. However, those efforts were temporarily paused due to the pandemic disruptions in 2020.
In 2022, the Board of Supervisors directed Lake County Health Services to revisit these policies.
In February 2023, a collaborative presentation detailed the public health benefits of tobacco retail licensing and smoke-free outdoor policies. Representatives from NorCal 4 Health, Tobacco Free North Coast, the Health & Social Policy Institute Communities Against Nicotine, Blue Zones Lake County and the Lake County Office of Education’s TUPE program joined the presentation, emphasizing the shared mission to curb youth tobacco use and improve health outcomes.
Countywide, achievements on this effort to date include the following developments this year.
Aug. 13: The Board of Supervisors passed the tobacco retail licensing ordinance with rigorous enforcement measures, setting a Jan. 1, 2025, implementation date.
Sept. 10: Adoption of a smoke-free outdoor air policy covering county-owned and leased properties, as well as multi-unit housing common areas.
Nov. 21: The Clearlake City Council passed the tobacco retail license ordinance, mirroring the efforts of the county of Lake.
Dec. 3: The Lakeport City Council joined efforts to provide a seamless plan across the county for the implementation and enforcement of the local tobacco retail license ordinance.
“It’s inspiring to see our community rally together to protect future generations from the dangers of tobacco addiction,” said Liberty Francis, project director of the Tobacco Education and Prevention program. “This united front demonstrates the power of collaboration.”
Francis was on hand at the council meeting Tuesday night and offered answers and clarifications on some of the issues raised during the meeting.
Health Services said the tobacco retail license ordinance and smoke-free policies represent “more than legislative victories; they are steps toward a healthier future for all Lake County residents. These efforts have already inspired ongoing partnerships with the cities of Clearlake and Lakeport, where TRL [tobacco retail license] ordinances have been adopted to mirror compliance and enforcement efforts.”
Lake County Health Services thanked the Lake County Board of Supervisors, local government leaders, public health organizations, and community members for their unwavering support.
“Together, they’ve achieved monumental progress in the fight against tobacco-related harm,” the agency said.
The California State Senate, led by Senate President pro Tempore Mike McGuire (D-North Coast), convened to begin the 2025-26 Legislative Session on Monday, welcoming in newly elected, re-elected and returning members, and kicking off the extraordinary session that is focused on protecting California’s people, policies and progress from federal interference.
Following Gov. Gavin Newsom’s proclamation, the California Legislature convened the first day of the special session to provide legal resources to protect California values, the state’s economy, fundamental civil rights, reproductive freedom, clean air and clean water, and working families — including immigrant families.
The special session, which will establish a new litigation fund, comes in response to the incoming federal administration's signaled policy proposals that Newsom’s office said would harm Californians.
The extraordinary session will run concurrently with the regular Legislative session.
“California is a tent pole of the country — from the economy to innovation to protecting and investing in rights and freedoms for all people,” said Newsom. “We will work with the incoming administration and we want President Trump to succeed in serving all Americans. But when there is overreach, when lives are threatened, when rights and freedoms are targeted, we will take action. And that is exactly what this special session is about — setting this state up for success, regardless of who is in the White House.”
“With potentially billions of dollars in federal funding on the line if the President-elect follows through on his promises, we must be — and we are — ready to act on day one," said Attorney General Rob Bonta. "I am looking forward to working with the governor and the Legislature to ensure my office has the resources we need to meet the demands of the moment and robustly defend California’s people, progress, and values.”
“Where we can work with the incoming federal administration, we will," Senate President pro Tem Mike McGuire. "Where the rights, safety, and economic security of Californians may be in danger, we will be prepared and we will respond. New and returning members of the Senate all took a solemn oath today to defend California. We believe in that oath. And we will act accordingly with the Governor and our colleagues in the Assembly.”
“While we always hope to collaborate with our federal partners, California will be ready to vigorously defend our interests and values from any unlawful action by the incoming Trump Administration,” said Assembly Budget Chair Jesse Gabriel. “We know from President-elect Trump’s statements — and from the more than 120 lawsuits that California filed during the first Trump Administration — that we must be prepared to defend ourselves. We’re not going to be caught flat-footed.”
New litigation fund
The governor is working with lawmakers to establish a litigation fund to bolster the state’s legal resources in response to the incoming federal administration's signaled policy proposals that would harm the state.
Senate Democrats, led by Pro Tem McGuire and in partnership with Senate Budget Chair Scott Wiener (D-San Francisco) and Senate Majority Leader Lena Gonzalez (D-Long Beach), have introduced a budget bill as part of the special session.
SBX1-1, authored by Sen. Wiener, includes $25 million in funding proposed by Gov. Newsom for the California Department of Justice to bolster legal resources, and adds $10 million for county counsels and city attorneys for similar purposes. It also expands on that effort by including $25 million for legal aid efforts and legal services for local communities.
In keeping with the focus of the governor’s proclamation, the bill specifies that the grant funding for county counsels and city attorneys would be related to issues of reproductive health, the state’s clean air, clean water and climate laws, immigrant rights and LGBTQ civil rights. It also would add funding for legal services focused on grants for nonprofit pro bono legal teams, immigration and detention legal services, and data security projects.
Newsom’s office said the fund is meant to defend California from unconstitutional federal overreach, challenge illegal federal actions in court and take administrative actions to reduce potential harm.
The proposed legal investment has the potential to yield significant returns for California families and protect billions of dollars in state funding, Newsom’s office reported. The new litigation fund will help safeguard critical funding for disaster relief, health care programs and other vital services that millions of Californians depend on daily.
It will also position the state to defend against unlawful federal actions that could jeopardize not only tangible resources but also immeasurable protections, such as those related to health and civil rights, Newsom’s office said.
During President-elect Trump’s first term, his administration made multiple attempts to withhold federal funds from California and harm the state.
From 2017 to 2021, the California DOJ filed 122 lawsuits against the Trump administration in response. The state invested approximately $42 million to support this litigation.
This legal action not only safeguarded California’s values and residents but also delivered tangible financial benefits, Newsom’s office said.
For example, in just one successful case, the federal government reimbursed California nearly $60 million in federal public safety grants as a result of litigation. In another case won against the Trump administration for delaying energy efficiency standards, the state's victory was estimated to generate over $8 billion in energy savings for consumers over the next three decades.
In another separate case, the state’s litigation protected billions of dollars in federal funding for California’s public health care and other federally funded programs that provide crucial health, education and labor services.
What comes next
Proposed legislation is expected to be introduced in the state Legislature. In the coming weeks, the Legislature has indicated it will hold committee hearings on the legislation. During this process, the governor will actively collaborate with legislative leaders and the attorney general to refine and advance the measure.
The legislation is expected to reach the governor’s desk and be signed into law before Jan. 20, 2025, the day Trump takes office.
While the state is prepared to lead efforts to challenge any unlawful actions by the federal government, Gov. Newsom said he is committed to working with President-elect Trump wherever there is common ground to improve the lives of nearly 40 million Californians.
Last month, Governor Newsom traveled to Washington, D.C., for a series of meetings at the White House and on Capitol Hill to discuss the approval of key initiatives to improve health care, mental health and clean air in the state, as well as the approval of disaster relief funds.
Newsom’s office said he is looking to build on that momentum to continue to deliver for millions of Californians who rely on essential federal funding and programs that support their daily lives.
Far more methane, a potent greenhouse gas, is being released from landfills and oil and gas operations around the world than governments realized, recent airborne and satellite surveys show. That’s a problem for the climate as well as human health. It’s also why the U.S. government has been tightening regulations on methane leaks and wasteful venting, most recently from oil and gas wells on public lands.
The good news is that many of those leaks can be fixed – if they’re spotted quickly.
Riley Duren, a research scientist at the University of Arizona and former NASA engineer and scientist, leads Carbon Mapper, a nonprofit that is planning a constellation of methane-monitoring satellites. Its first satellite, a partnership with NASA’s Jet Propulsion Laboratory and the Earth-imaging company Planet Labs, launches in 2024.
Duren explained how new satellites are changing companies’ and governments’ ability to find and stop methane leaks and avoid wasting a valuable product.
Why are methane emissions such a concern?
Methane is the second-most common global-warming pollutant after carbon dioxide. It doesn’t stay in the atmosphere as long – only about a decade compared to centuries for carbon dioxide – but it packs an outsized punch.
Methane’s ability to warm the planet is nearly 30 times greater than carbon dioxide’s over 100 years, and more than 80 times over 20 years. You can think of methane as being a very effective blanket that traps heat in the atmosphere, warming the planet.
In many oil and gas fields, less than 80% of gas that comes out of the ground from a well is methane – the rest can be hazardous air pollutants that you wouldn’t want anywhere near your home or school. Yet until recently, there was very little direct monitoring to find leaks and stop them.
Why are satellites necessary for catching methane leaks?
In its natural form, methane is invisible and odorless. You probably wouldn’t know there was a massive methane plume next door if you didn’t have special instruments to detect it.
Companies have traditionally accounted for methane emissions using a 19th-century method called an inventory. Inventories calculate emissions based on reported production at oil and gas wells or the amount of trash going into a landfill, where organic waste generates methane as it decomposes. There is a lot of room for error in this assumption-based accounting; for example, it does not account for unknown leaks or persistent venting.
Until recently, the state of the art in leak detection from oil and gas operations involved a technician paying a visit to a well pad every 90 days or so with a handheld infrared camera or gas analyzer. But a large leak can release a massive amount of gas over a period of several days and weeks or may occur in locations not readily accessible, meaning many of these so-called super-emitters go undetected.
Remote sensing satellites and airplanes, on the other hand, can quickly survey large areas routinely. Some of the newer satellites, including the ones we’re launching through the Carbon Mapper Coalition, can zoom in to individual sites at high resolution, so we can pinpoint methane super-emitters to the specific well pad, compressor station or section of a landfill.
You can see an example of the power of remote sensing in our recent paper in the journal Science. We surveyed 20% of the open landfills in the U.S. with airplanes and found that emissions on average were 40% higher than the emissions reported to the federal government using assumption-based accounting.
If scientists can monitor regions frequently and consistently from satellites, then they can flag super-emitter activity and notify the operator quickly so the operator can find the problem while it’s still happening and fix any leaks.
A typical camera sees the world in three colors – red, green and blue. The imaging spectrometers we use were developed by NASA’s Jet Propulsion Laboratory and see the world in almost 500 colors, including wavelengths beyond the visible spectrum into infrared, which is essential for detecting and measuring greenhouse gases.
Greenhouse gases like methane and carbon dioxide absorb heat in the infrared wavelengths – each with unique fingerprints. Our technology analyzes sunlight reflected from the Earth’s surface to detect those infrared fingerprints of methane and carbon dioxide in the atmosphere.
These signatures are distinct from all other gases, so we can image plumes of methane and carbon dioxide to determine the origins of individual super-emitters. Once we use spectroscopy to measure the amount of gas in a given plume, we can calculate an emission rate using wind speed data.
What can the new satellites Carbon Mapper plans to launch do that others haven’t yet?
Each satellite has different and often complementary capabilities. MethaneSat, which the Environmental Defense Fund just launched in March 2024, is like a wide-angle lens that will produce a very precise and complete picture of methane emissions across large landscapes. Our Carbon Mapper Coalition satellites will complement MethaneSAT by acting like a collection of telephoto lenses – we’ll be able to zoom in to pinpoint individual methane emitters, like zooming in on a bird nesting in a tree.
Working with our partners at Planet Labs and NASA, we plan to launch the first Carbon Mapper Coalition satellite in 2024, with a goal of expanding the constellation in coming years to ultimately provide daily methane monitoring of high-priority regions around the world. For example, about 90% of the methane emissions from fossil-fuel production and use is estimated to come from only 10% of the Earth’s surface. So, we plan to focus Carbon Mapper Coalition satellites on oil, gas and coal production basins; major urban areas with refineries, wastewater plants and landfills; and major agriculture regions.
How will your monitoring data be used?
We expect from experience sharing our aircraft data with facility operators and regulators that a lot of our future satellite data will be used to guide leak detection and repair efforts.
Many oil and gas companies, landfill operators and some large farms with methane digesters are motivated to find leaks because methane in those cases is valuable and can be captured and put to use. So in addition to climate and health impacts, methane leaks are equivalent to venting profits into the atmosphere.
With routine satellite monitoring, we can quickly notify facility owners and operators so they can diagnose and fix any problems, and we can continue to monitor the sites to verify that leaks stay fixed.
Our data can also help to warn nearby communities of risks, educate the public, and guide enforcement efforts in cases where companies aren’t voluntarily fixing their leaks. By measuring trends in high-emission methane events over time and across basins, we can also contribute to assessments about whether policies are having their intended effect.
LAKE COUNTY, Calif. — The Lake County Sheriff’s Office of Emergency Services invites community members to review and provide feedback on the revised Lake County Operational Area Emergency Operational Plan, or EOP, during the open public review period.
The comment period runs from Dec. 3 to Dec. 30 at 5 p.m.
This is an important opportunity for residents, business owners, community organizations and other stakeholders to help shape how Lake County prepares for, responds to and recovers from emergencies and disasters.
The EOP serves as the central framework for coordinating emergency preparedness, response, recovery, and mitigation efforts across the Lake Operational Area.
It outlines critical roles, responsibilities, and procedures to manage emergencies effectively and ensure public safety.
The plan facilitates multi-jurisdictional coordination and includes processes for activating the emergency operations center, or EOC, during emergencies.
While the EOP sets the overall structure and operational framework, its Annexes provide detailed, function-specific, and hazard-specific guidance.
This review period focuses on the base plan, with current annexes under review and new ones in development.
Wells Fargo has awarded a $300,000 grant to the California Finance Consortium, or CFC, to enhance small business technical assistance and lending services across 13 Northern California counties.
The announcement on the funding said, “This funding underscores Wells Fargo’s commitment to empowering local communities and fostering economic growth by supporting small businesses.”
The targeted counties include Butte, Del Norte, Glenn, Humboldt, Lake, Mendocino, Modoc, Shasta, Siskiyou, Sutter, Tehama, Trinity and Yuba.
CFC will deploy these services through its regional partners: 3CORE, North Edge (formerly Arcata Economic Development Corp.), Superior California Economic Development Inc. and Yuba-Sutter Economic Development Corp.
Key benefits of the grant include:
Enhanced technical assistance: Small businesses will receive comprehensive support in developing robust business plans, financial projections, and operational strategies to ensure sustainability and growth.
Increased lending capacity: The grant will bolster lending capabilities, providing more small businesses with access to necessary capital.
Regional economic growth: By supporting small businesses, the grant will help stimulate job creation and economic development within the 13 counties.
"We are thrilled to partner with Wells Fargo Bank N.A. to support the entrepreneurial spirit of Northern California," said Brynda Stranix, president of California Finance Consortium. "This grant will significantly enhance our ability to provide small businesses with the tools and resources they need to thrive, ultimately contributing to the economic vitality of our communities. Our collaboration with 3CORE, North Edge, Superior California Economic Development, and Yuba-Sutter Economic Development Corp. will ensure these services are effectively delivered throughout the region."
This grant builds on Wells Fargo’s commitment to small business growth and the recent success of its Open for Business Fund, a national small business recovery effort.
New economic impact data shows that effort helped small business owners keep or sustain roughly 461,000 jobs nationwide, and technical assistance played a key role in propelling small businesses forward.
“We recognize the crucial role small businesses play in driving economic growth and creating jobs,” said Kären Woodruff, senior vice president, community relations, Wells Fargo. “Our support of the California Finance Corporation is a testament to our commitment to helping small businesses succeed and our dedication to strengthening the economic fabric of Northern California.”
CLEARLAKE, Calif. — Following a standoff, police have arrested a man who they said is a suspect in a murder discovered on Wednesday morning.
The Clearlake Police Department said Martin Jimenez, 55, was taken into custody on Wednesday afternoon.
The agency reported that at around 10:30 a.m. Wednesday its officers were dispatched to a residence in the 5900 block of James Street for a report of a deceased person.
The department’s report said the officers arrived on the scene within minutes and contacted the reporting party, who directed officers to a deceased 47-year-old male.
Based on the evidence at the scene it was apparent the deceased male was a homicide victim, police said.
At that point, a male suspect later identified as Jimenez was still inside the residence and refused to come out, according to the report.
Clearlake Police officers and detectives secured the property and attempted to talk the male subject into coming out of the residence.
A Lakeport Police Detective who frequently assists with Clearlake Police investigations obtained a search warrant for the residence, the report said.
The Lake and Mendocino County Regionalized SWAT team was requested and responded to the scene. Police also put out a Nixle alert asking the community to avoid the area.
Over the next few hours, Jimenez refused to come out but eventually did after chemical agents were deployed inside the residence, police said.
After he emerged from the residence, police arrested Jimenez for murder. Police said he will be booked into the Lake County Jail on the charge.
Police Chief Tim Hobbs told Lake County News that they are not yet sure of when the victim was killed.
As of late Wednesday afternoon, the case remained under investigation and police said no further details would be released.
“Thank you to the Lake County Sheriff's Office, Lakeport Police Department, Mendocino County Sheriff's Office, and the Ukiah Police Department for their assistance in bringing this incident to a safe conclusion,” the Clearlake Police Department said in its statement.
Editor’s note: A previous version of this article said the murder occurred on Wednesday. The article has been updated to show that police are not sure when it took place.
On Tuesday, Rep. Mike Thompson (CA-04) voted to pass the America's Conservation Enhancement, or ACE, Reauthorization Act of 2024.
Thompson’s office said the comprehensive legislation will enhance the preservation of America's natural resources, wildlife and habitats.
Thompson served as an original co-sponsor for this legislation in the House of Representatives.
“Reauthorizing our most critical wildlife conservation programs just makes sense,” said Thompson. “I was proud to vote today to reauthorize ACE and ensure the longevity of our North American Wetlands Conservation Act (NAWCA) Program. NAWCA has already helped conserve over 32 million acres of wetlands across our country and I look forward to seeing its continued positive impact in the years to come.”
A longtime advocate for wildlife and land conservation, Rep. Thompson serves as a member of the Migratory Bird Conservation Commission, Land Conservation Caucus, and Wildlife Refuge Caucus.
To date, he's voted to conserve 2.8 million acres of land through the Migratory Bird Conservation Commission and sponsored legislation that led to the permanent protection of nearly 1 million acres.
The ACE Act includes the following legislation, among other bills.
North American Wetlands Conservation Act:
• Protects waterfowl, fish, wildlife resources, and wetland habitats. • Supports local economies that depend on outdoor recreation, tourism, and agriculture. • Preserves American traditions such as hunting, fishing, bird watching, family farming, and cattle ranching.
National Fish Habitat Conservation Through Partnerships Act:
• Strengthens partnerships and projects to help maintain healthy fish populations and aquatic ecosystems. • While making major investments in conservation of natural resources, the bill also includes important measures to enhance accountability and reporting to ensure the effectiveness and transparency of funded projects.
Thompson represents California’s Fourth Congressional District, which includes all or part of Lake, Napa, Solano, Sonoma and Yolo counties.
Grace McCormack, University of Southern California and Erin Duffy, University of Southern California
Medicare Advantage – the commercial alternative to traditional Medicare – is drawing down federal health care funds, costing taxpayers an extra 22% per enrollee to the tune of US$83 billion a year.
Medicare Advantage, also known as Part C, was supposed to save the government money. The competition among private insurance companies, and with traditional Medicare, to manage patient care was meant to give insurance companies an incentive to find efficiencies. Instead, the program’s payment rules overpay insurance companies on the taxpayer’s dime.
We are health carepolicy experts who study Medicare, including how the structure of the Medicare payment system is, in the case of Medicare Advantage, working against taxpayers.
Medicare beneficiaries choose an insurance plan when they turn 65. Younger people can also become eligible for Medicare due to chronic conditions or disabilities. Beneficiaries have a variety of options, including the traditional Medicare program administered by the U.S. government, Medigap supplements to that program administered by private companies, and all-in-one Medicare Advantage plans administered by private companies.
Researchers have found that the overpayment to Medicare Advantage companies, which has grown over time, was, intentionally or not, baked into the Medicare Advantage payment system. Medicare Advantage plans are paid more for enrolling people who seem sicker, because these people typically use more care and so would be more expensive to cover in traditional Medicare.
Some of this extra money is spent to lower cost sharing, lower prescription drug premiums and increase supplemental benefits like vision and dental care. Though Medicare Advantage enrollees may like these benefits, funding them this way is expensive. For every extra dollar that taxpayers pay to Medicare Advantage companies, only roughly 50 to 60 cents goes to beneficiaries in the form of lower premiums or extra benefits.
As Medicare Advantage becomes increasingly expensive, the Medicare program continues to face funding challenges.
In our view, in order for Medicare to survive long term, Medicare Advantage reform is needed. The way the government pays the private insurers who administer Medicare Advantage plans, which may seem like a black box, is key to why the government overpays Medicare Advantage plans relative to traditional Medicare.
The current Medicare Advantage payment system, implemented in 2006 and heavily reformed by the Affordable Care Act in 2010, had two policy goals. It was designed to encourage private plans to offer the same or better coverage than traditional Medicare at equal or lesser cost. And, to make sure beneficiaries would have multiple Medicare Advantage plans to choose from, the system was also designed to be profitable enough for insurers to entice them to offer multiple plans throughout the country.
To accomplish this, Medicare established benchmark estimates for each county. This benchmark calculation begins with an estimate of what the government-administered traditional Medicare plan would spend on the average county resident. This value is adjusted based on several factors, including enrollee location and plan quality ratings, to give each plan its own benchmark.
Medicare Advantage plans then submit bids, or estimates, of what they expect their plans to spend on the average county enrollee. If a plan’s spending estimate is above the benchmark, enrollees pay the difference as a Part C premium.
Most plans’ spending estimates are below the benchmark, however, meaning they project that the plans will provide coverage that is equivalent to traditional Medicare at a lower cost than the benchmark. These plans don’t charge patients a Part C premium. Instead, they receive a portion of the difference between their spending estimate and the benchmark as a rebate that they are supposed to pass on to their enrollees as extras, like reductions in cost-sharing, lower prescription drug premiums and supplemental benefits.
In theory, this payment system should save the Medicare system money because the risk-adjusted benchmark that Medicare estimates for each plan should run, on average, equal to what Medicare would actually spend on a plan’s enrollees if they had enrolled in traditional Medicare instead.
In reality, the risk-adjusted benchmark estimates are far above traditional Medicare costs. This causes Medicare – really, taxpayers – to spend more for each person who is enrolled in Medicare Advantage than if that person had enrolled in traditional Medicare.
Why are payment estimates so high? There are two main culprits: benchmark modifications designed to encourage Medicare Advantage plan availability, and risk adjustments that overestimate how sick Medicare Advantage enrollees are.
In 2012, as part of the Affordable Care Act, Medicare Advantage benchmark estimates received another layer: “quartile adjustments.” These made the benchmark estimates, and therefore payments to Medicare Advantage companies, higher in areas with low traditional Medicare spending and lower in areas with high traditional Medicare spending. This benchmark adjustment was meant to encourage more equitable access to Medicare Advantage options.
In that same year, Medicare Advantage plans started receiving “quality bonus payments” with plans that have higher “star ratings” based on quality factors such as enrollee health outcomes and care for chronic conditions receiving higher bonuses.
Even before fully taking into account risk adjustment, recent estimates peg the benchmarks, on average, as 8% higher than average traditional Medicare spending. This means that a Medicare Advantage plan’s spending estimate could be below the benchmark and the plan would still get paid more for its enrollees than it would have cost the government to cover those same enrollees in traditional Medicare.
Overestimating enrollee sickness
The second major source of overpayment is health risk adjustment, which tends to overestimate how sick Medicare Advantage enrollees are.
Each year, Medicare studies traditional Medicare diagnoses, such as diabetes, depression and arthritis, to understand which have higher treatment costs. Medicare uses this information to adjust its payments for Medicare Advantage plans. Payments are lowered for plans with lower predicted costs based on diagnoses and raised for plans with higher predicted costs. This process is known as risk adjustment.
But there is a critical bias baked into risk adjustment. Medicare Advantage companies know that they’re paid more if their enrollees seem more sick, so they diligently make sure each enrollee has as many diagnoses recorded as possible.
This can include legal activities like reviewing enrollee charts to ensure that diagnoses are recorded accurately. It can also occasionally entail outright fraud, where charts are “upcoded” to include diagnoses that patients don’t actually have.
In traditional Medicare, most providers – the exception being Accountable Care Organizations – are not paid more for recording diagnoses. This difference means that the same beneficiary is likely to have fewer recorded diagnoses if they are enrolled in traditional Medicare rather than a private insurer’s Medicare Advantage plan. Policy experts refer to this phenomenon as a difference in “coding intensity” between Medicare Advantage and traditional Medicare.
The differences in coding and favorable selection make beneficiaries look sicker when they enroll in Medicare Advantage instead of traditional Medicare. This makes cost estimates higher than they should be. Research shows that this mismatch – and resulting overpayment – is likely only going to get worse as Medicare Advantage grows.
It also makes it difficult for traditional Medicare to compete with Medicare Advantage.
Traditional Medicare, which tends to cost the Medicare program less per enrollee, is only allowed to provide the standard Medicare benefits package. If its enrollees want dental coverage or hearing aids, they have to purchase these separately, alongside a Part D plan for prescription drugs and a Medigap plan to lower their deductibles and co-payments.
The system sets up Medicare Advantage plans to not only be overpaid but also be increasingly popular, all on the taxpayers’ dime. Plans heavily advertise to prospective enrollees who, once enrolled in Medicare Advantage, will likely have difficulty switching into traditional Medicare, even if they decide the extra benefits are not worth the prior authorization hassles and the limited provider networks. In contrast, traditional Medicare typically does not engage in as much direct advertising. The federal government only accounts for 7% of Medicare-related ads.
There is a long-running debate over what type of coverage should be required under both traditional Medicare and Medicare Advantage. Recently, policy experts have advocated for introducing an out-of-pocket maximum to traditional Medicare. There have also been multiple unsuccessfulefforts to make dental, vision, and hearing services part of the standard Medicare benefits package.
Although all older people require regular dental care and many of them require hearing aids, providing these benefits to everyone enrolled in traditional Medicare would not be cheap. One approach to providing these important benefits without significantly raising costs is to make these benefits means-tested. This would allow people with lower incomes to purchase them at a lower price than higher-income people. However, means-testing in Medicare can be controversial.
There is also debate over how much Medicare Advantage plans should be allowed to vary. The average Medicare beneficiary has over 40 Medicare Advantage plans to choose from, making it overwhelming to compare plans. For instance, right now, the average person eligible for Medicare would have to sift through the fine print of dozens of different plans to compare important factors, such as out-of-pocket maximums for medical care, coverage for dental cleanings, cost-sharing for inpatient stays, and provider networks.
Although millions of people are in suboptimal plans, 70% of people don’t even compare plans, let alone switch plans, during the annual enrollment period at the end of the year, likely because the process of comparing plans and switching is difficult, especially for older Americans.
MedPAC, a congressional advising committee, suggests that limiting variation in certain important benefits, like out-of-pocket maximums and dental, vision and hearing benefits, could help the plan selection process work better, while still allowing for flexibility in other benefits. The challenge is figuring out how to standardize without unduly reducing consumers’ options.
The Medicare Advantage program enrolls over half of Medicare beneficiaries. However, the $83-billion-per-year overpayment of plans, which amounts to more than 8% of Medicare’s total budget, isunsustainable. We believe the Medicare Advantage payment system needs a broad reform that aligns insurers’ incentives with the needs of Medicare beneficiaries and American taxpayers.
This article is part of an occasional series examining the U.S. Medicare system.
LAKE COUNTY, Calif. — The Lake County Registrar of Voters Office has released the final results of the Nov. 5 election, which show a definitive win for a south county supervisorial candidate and the challengers for the three seats on the Clearlake City Council sweeping out the incumbents.
Registrar of Voters Maria Valadez released the final, certified election results on Tuesday, the deadline for her office to complete the official canvass process.
Among the races awaiting the final count in order to be definitively called was the one for District 1 supervisor, which the final results showed was won by longtime Middletown resident and rancher Helen Owen.
Owen and John Hess, a retired congressional staffer and a Lake County Planning Commission member, had a tight race in the March primary, when Owen bested him by just 179 votes.
The race remained tight in November’s initial count. On election night, the preliminary numbers indicated that Owen led Hess by 118 votes.
The final results released Tuesday showed that, in the end, Owen pulled away from Hess in a clear victory, receiving 3,118 votes, or 57.63%, to Hess’ 2,292 votes, or 42.37%.
Owen led both in vote-by-mail ballots and in election day voting, based on the results.
One result that didn’t change much between the preliminary and final counts was Measure U, the question for the county’s voters on whether or not Kelseyville should have its name changed to “Konocti.”
The election night result put “no” votes at 5,429 or 71.99%, versus “yes” votes of 2,112, or 28.01%.
In the final count, the “no” votes totaled 17,934 votes, or 70.58%, compared to 7,474 “yes votes,” accounting for 29.42% of the vote.
The Board of Supervisors is expected to discuss those results at a meeting later this month.
City council races
In other election news, in the city council races, both saw mayors being voted out and, in the case of Clearlake, all of its incumbent council members losing their reelection bids to three challengers.
Those incumbents seeking reelection in Clearlake were Mayor David Claffey, completing his first term; Joyce Overton, who was seeking her sixth term; and Russell Perdock, who first won a council seat in 2014, resigned to apply for police chief in early 2018 only to run unsuccessfully later that year in a bid to return to the council, was appointed to a vacant seat in 2019 and won a write-in bid in 2020.
An eight-person field had developed for the three council seats over the summer, and in the end Mary Wilson, Tara Downey and Jessica Hooten won the available seats.
Wilson is an adult education specialist for Woodland Community College’s Lake County Campus, while Downey is a high school secretary in the Konocti Unified School District and Hooten is a real estate agent.
In the Lakeport City Council race, which similarly had a larger-than-ordinary field, incumbents seeking reelection included Kim Costa, an appointed incumbent seeking her first full term; Michael Froio, this year’s mayor who is completing his first term; and Kenny Parlet, a local businessman seeking his fourth term.
The challengers included Carl Porter, a retired teacher, and real estate agent Christina Price, with Andre Williams coming on late in the race as a write-in candidate.
In the end, voters did not return Froio, who finished just out of the running, but elected Costa and Price, and reelected Parlet.
The race standings are as following:
• Christina Price: 944 votes, 22.37%. • Kenny Parlet: 896 votes, 21.24%. • Kim Costa: 842 votes, 19.96%. • Michael Froio: 769 votes, 18.23%. • Carl Porter: 701 votes, 16.62%. • Andre Williams (write-in): 67 votes, 1.59%.
Incumbent Brandon Disney ran unopposed for a two-year unexpired seat, receiving 1,803 votes.
School board races
Five school board races were on the November ballot.
In the race for the Yuba Community College District Governing Board Member Trustee Area 7 seat, incumbent Doug Harris topped challenger Jeffrey Dryden.
The seat covers Colusa, Glenn and Lake counties, and a portion of Sutter County. The two men had run against each other in November 2022 for the seat when it was a two-year unexpired term.
While Dryden led Harris by small margins in Colusa, Glenn and Sutter counties, in Lake County Harris more than made up the deficit.
In Lake County, Harris received 5,467 votes, or 56.20%, to Dryden’s 4,260 votes, accounting for 43.80% of the vote.
Altogether, in all four counties, Harris received 6,856 votes and Dryden received 5,772 votes.
In other school board races, retired Lucerne Elementary Principal/Superintendent Mike Brown was the top vote-getter by far in the race for the Kelseyville Unified School District Governing Board.
Three seats were up for election. Brown received 3,338 votes, or 35.80%, followed by another challenger, Sabrina Andrus, with 2,527 votes or 27.10%. Winning the third seat was incumbent Gilbert Rangel with 1,905 votes or 20.43%.
Another incumbent, Mary Beth Mosko, finished outside of the running with 1,555 votes, or 16.68%.
In the race for two seats on the Konocti Unified School District Board, Joan Shelley Mingori topped the three-woman field with 2,896 votes, or 35.41%. Mingori is a previous board member who narrowly lost reelection in 2022.
Winning the second seat is incumbent Zabdy Neria with 2,829 votes, or 34.59%. Challenger Tina Viramontes received 2,454 votes, or 30%.
The Lakeport Unified School Board had three seats on the ballot. Challenger Catherine “Cat” Dunne received the most votes, 2,727 or 34.29%, followed by another challenger, Scott Johnson, with 2,002 votes or 25.17%.
Incumbent Jennifer Richardson won the third and final seat with 1,738 votes, or 21.85%. The second incumbent seeking reelection, Dan Buffalo, finished outside of the running with 1,486 votes or 18.68%.
In the Middletown Unified School District Board race, Annette Lee, a former board member seeking to return to service, topped the field for two four-year seats with 2,149 votes or 39.45%, followed by incumbent Zoi Ann Bracisco with 2,085 votes, or 38.28%.
Challenger Frederic Lahey received 1,213 votes or 22.27%, finishing out of the running.
In the race for a two-year unexpired term on Middletown Unified’s Board, Patricia Pachie received 2,278 votes or 56.08%, defeating Nathan Willis, with 1,784 votes or 43.92%.
School bonds
Two school bond measures also were on the Nov. 5 ballot, both of which required at least a 55% majority to pass.
The Konocti Unified School District put Measure S before voters, seeking $50 million in bonds for school facilities projects.
The final count showed that Measure S passed after receiving 4,191 “yes” votes, or 60.03%, to 2,791 “no” votes, or 39.97%.
At the same time, Kelseyville Unified School District asked voters to approve Measure R, a $36 million bond measure to make upgrades to school facilities.
Measure R fell just short of the required 55%, receiving 2,927 “yes” votes, or 52.51%, to 2,647 “no” votes, or 47.49%.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, and on Bluesky, @erlarson.bsky.social. Find Lake County News on the following platforms: Facebook, @LakeCoNews; X, @LakeCoNews; Threads, @lakeconews, and on Bluesky, @lakeconews.bsky.social.
CLEARLAKE, Calif. — The Clearlake City Council this week will accept the November election results, consider development agreements, and a number of other proposed ordinances and resolutions.
The council will meet at 6 p.m. Thursday, Dec. 5, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Community members also can participate via Zoom. The webinar ID is 873 6220 2718, the pass code is 074808. One tap mobile is available at +16694449171,,87362202718#, or join by phone at 669-444-9171 or 253-205-0468.
The council has an extensive list of items of business on Thursday, and toward the end of the meeting they will consider approving the final Nov. 5 election results, which still were in preliminary form at the time of publication of this article.
After the adoption of the resolution accepting the results, City Clerk Melissa Swanson will deliver the oath of office to the newly elected council members.
Once seated, the council members will appoint the mayor and vice mayor for 2025.
Also on Thursday, the council will hold three public hearings, one to consider zoning ordinance text amendments and two for the purpose of approving development agreements with commercial cannabis operations at 14915 and 14935 Olympic Drive, Units C/D/E/F, and 14915 and 14935 Olympic Drive, units A/B2.
Under business, the council has a lengthy slate of items, including the approval of a memorandum of understanding with the city of Lakeport and county of Lake authorizing the formation of a Lake County Regional Housing Trust Fund and award of a contract for the Abandoned Vehicle Abatement Program towing, storing, dismantling and disposal services.
The council also will discuss a resolution recommending the Lake County Redevelopment Agency Oversight Board amend the loan terms for Olympic Village Apartments; a resolution approving the appraisal, fixing the amount of just compensation and authorizing offer to owner of a portion of 12105 San Joaquin Extension for right-of-way; the first reading of an ordinance adjusting councilmember compensation; and an update on the senior/community center project.
Also on Thursday, there will be presentations by Mayor David Claffey and Vice Mayor Joyce Overton, and the adoptable dogs for December.
On the meeting's consent agenda — items that are considered routine in nature and usually adopted on a single vote — are warrants; City Council minutes; the second reading of an ordinance amending the municipal code regarding fire mitigation fees; second reading of an ordinance establishing standards for utility construction and maintenance in the public right-of-way and standards for relocation of underground utilities; authorization of an amendment of the contract for the Clean California Austin Park Shade Structure Project in the amount of $19,333; authorization of an amendment of the contract with California Engineering Co. for the Burns Valley/Arrowhead Project in the amount of $189,569.11; discontinuance of the local emergency for winter storms; continuation of the local emergency for the Boyles fire; adoption of the 2024 conflict of interest code; adoption of the annual calendar of meetings for 2024; and the mayor’s appointment list.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, and on Bluesky, @erlarson.bsky.social. Find Lake County News on the following platforms: Facebook, @LakeCoNews; X, @LakeCoNews; Threads, @lakeconews, and on Bluesky, @lakeconews.bsky.social.
LAKEPORT, Calif. – The Lakeport City Council this week will consider approving the final step in adopting a new ordinance to establish a tobacco retail license program.
The council will meet Tuesday, Dec. 3, at 6 p.m. in the council chambers at Lakeport City Hall, 225 Park St.
If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely at this link or join by phone by calling toll-free 669-900-9128 or 346-248-7799.
The webinar ID is 973 6820 1787, access code is 477973; the audio pin will be shown after joining the webinar. Those phoning in without using the web link will be in “listen mode” only and will not be able to participate or comment.
Comments can be submitted by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. To give the city clerk adequate time to print out comments for consideration at the meeting, please submit written comments before 3:30 p.m. on Tuesday, Dec. 3.
On Tuesday, the council will hold a public hearing to adopt an ordinance to the municipal code requiring the licensure of tobacco retailers, regulating the sale of tobacco products, and determining that this ordinance is not subject to the California Environmental Quality Act.
The council approved the first reading during a public hearing held at its Nov. 19 meeting.
City Manager Kevin Ingram’s report explained, “Lake County faces significant health challenges, including a high rate of tobacco use,” adding that tobacco use and vaping are prevalent among even younger populations and are “a significant problem in our school system.”
At its Aug. 16 meeting, the Board of Supervisors adopted its own tobacco retail ordinance.
The council began considering the ordinance in September, when its members heard an in-depth presentation from Lake County Public Health regarding its recently adopted ordinance establishing a tobacco retail license program. At that time, the majority of the council signaled support for moving forward with such regulations.
“During that meeting, the City Council expressed support for establishing local tobacco retail regulations and partnering with Lake County Public Health to develop an enforcement program with a specific focus on reducing sales to minors,” Ingram said.
He said the city of Lakeport has discussed creating consistent tobacco retailer regulations that can be implemented countywide by Lake County Public Health with both county officials and the city of Clearlake.
“The proposed ordinance before the Council aligns closely with the County's ordinance but includes additional flexibility for enforcement responsibilities. Specifically, the ordinance designates the City Manager as responsible for enforcement. This designation allows the City Manager to delegate enforcement authority to any agency, department, or individual as approved by the City Council,” Ingram wrote.
“The ordinance also explicitly permits the City Council to enter into agreements with the County or other agencies to perform enforcement duties,” Ingram continued. “City staff recommends contracting with Lake County Public Health to enforce and administer the ordinance. However, should the City choose to alter this arrangement in the future, the ordinance ensures that enforcement authority remains clearly under the City's jurisdiction. This proposed approach provides flexibility while maintaining the necessary structure to effectively regulate tobacco retail activities and protect public health.”
Also on Tuesday, the council will conduct a second reading and hold a public hearing to consider the addition of a section to the Lakeport Municipal Code establishing a procedure requiring the exhaustion of administrative remedies for individuals or entities challenging fees, charges, and assessments on real property levied by the City of Lakeport,” said Finance Director and Assistant City Manager Nick Walker in his report to the council.
Under business, the council will discuss and review observed trends in received traffic safety related complaints as part of its bi-annual traffic safety report.
On the consent agenda — items considered noncontroversial and usually accepted as a slate on one vote — are ordinances; minutes of the City Council’s regular meeting on Nov. 19; approval of the continuation of the proclamation declaring a local state of emergency due to severe weather conditions including heavy rain, and extreme wind; adoption of the resolution accepting the Potable Water Backup Power Project; adoption of the resolution accepting the exchange of granulated activated carbon, Bid No., 24-08, and authorize the filing of the notice of completion; and adoption of the resolution rescinding Resolution 2957 (2024) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.
The council also will hold a closed session to discuss negotiations with the Big Valley Band of Pomo Indians for city-owned property at 3665 State Highway 175, with Wine Country Compressors for a city-owned property at 910 Bevins St., and with the Lake County Tax Collector’s Office for four properties.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, and on Bluesky, @erlarson.bsky.social. Find Lake County News on the following platforms: Facebook, @LakeCoNews; X, @LakeCoNews; Threads, @lakeconews, and on Bluesky, @lakeconews.bsky.social.