Armstrong meeting with USADA appears unlikely

AUSTIN, Texas (AP) — Lance Armstrong's lawyers say the cyclist will talk more about drug use in the sport, just likely not to the U.S. Anti-Doping Agency that led the effort to strip him of his Tour de France titles.

In a testy exchange of letters and statements revealing the gulf between the two sides, USADA urged Armstrong to testify under oath to help "clean up cycling."

Armstrong's attorneys responded that the cyclist would rather take his information where it could do more good — namely to cycling's governing body and World Anti-Doping Agency officials.

USADA's response to that: "The time for excuses is over."

The letters, obtained Friday by The Associated Press, underscore the continuing feud between Armstrong and USADA CEO Travis Tygart, the man who spearheaded the investigation that uncovered a complex doping scheme on Armstrong's U.S. Postal Service teams.

Armstrong's seven Tour de France victories were taken away last year and he was banned for life from the sport.

In an interview with Oprah Winfrey last week, Armstrong admitted doping, said he owed a long list of apologies and that he would like to see his lifetime ban reduced so he can compete again.

His most realistic avenue toward that might be telling USADA everything he knows in a series of interviews the agency wants started no later than Feb. 6.

That seems unlikely.

Armstrong attorney Tim Herman responded to USADA's first letter, sent Wednesday, by saying his client's schedule is already full, and besides, "in order to achieve the goal of 'cleaning up cycling,' it must be WADA and the (International Cycling Union) who have overall authority to do so."

By Friday night, Herman strongly suggested Armstrong won't meet with USADA at all but intends to appear before the UCI's planned "truth and reconciliation" commission.

"Why would we cooperate (with USADA)?" Herman said in a telephone interview. "USADA isn't interested in cleaning up cycling. Lance has said, 'I'll be the first guy in the chair when cycling is on trial, truthfully, under oath, in every gory detail.' I think he's going testify where it could actually do some good: With the body that's charged with cleaning up cycling," Herman said.

In its last letter to Armstrong, sent Friday evening, USADA attorney William Bock said his agency and WADA work hand-in-hand in that effort.

"Regardless, and with or without Mr. Armstrong's help, we will move forward with our investigation for the good of clean athletes and the future of sport," Bock's letter reads.

The letters confirm a Dec. 14 meeting in Denver involving Armstrong, Tygart and their respective attorneys, which is when, in Tygart's words, Armstrong should have started thinking about a possible meeting with USADA.

"He has been given a deadline of February 6th to determine whether he plans to come in and be part of the solution," Tygart said in a statement. "Either way, USADA is moving forward with our investigation on behalf of clean athletes."

The letters were sent to the AP after details about a Tygart interview with "60 Minutes," being aired Sunday, were made public.

Among Tygart's claims: Armstrong is lying when he says he didn't dope during his 2009-10 comeback.

Tygart said USADA's report on Armstrong's doping included evidence Armstrong was still cheating in those years.

"His comeback was totally clean," Herman said. "It's pretty fashionable to kick Lance Armstrong around right now."

Tygart also reiterated that an Armstrong associate offered USADA a donation of more than $200,000. Armstrong denied that in his interview with Winfrey, too.

In advancing his claim that USADA is only a bit player in the investigation, Herman noted in his letter, sent to USADA on Friday, that most cycling teams are based in Europe.

"I'm pretty sick of people trying to blame a European cycling culture that goes back to the 1920s on one guy," Herman said.

Bock's response to that: "Your suggestion that there is some other body with which Lance should coordinate is misguided," he said in his final letter.

___

AP National Writer Eddie Pells contributed to this report.

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Arhoolie Records set highlights 50 years of roots-music

BOSTON (Reuters) – Chris Strachwitz discovered the first performer for his Arhoolie Records label by quizzing roadside field hands, a prosperous cotton farmer named Mr. Tom Moore, and a man called Peg Leg at a railroad station in Navasota, Texas.

As Strachwitz tells it, Peg Leg identified a highway worker and former tenant farmer who entertained local folks: Mance Lipscomb.

“Mance Lipscomb, Texas Sharecropper and Songster,” was recorded in 1960 in the musician’s shotgun house, and it launched Lipscomb into the surging U.S. folk-music revival.

It also launched German-born Strachwitz on a half-century career of uncovering and popularizing vernacular “roots music” of the Americas. That includes the blues of black Americans, the Zydeco of Louisiana’s Creoles, Mexican norteño and Tejano conjunto music, and other styles that spring from deep cultural wells and get crowds dancing in obscure rooms.

“I probably should have become a detective,” Strachwitz told Reuters in a telephone interview. “Meeting all these people was an intriguing adventure. I didn’t have to go on a safari, hunting for elephants or something. I hunted musicians.”

Some of the performers who Strachwitz tracked down on his back-road and honky-tonk rambles, and others influenced by him and his records, gathered two years ago in Berkeley, California for a 50th anniversary concert run.

The three-night run was released this week as “They All Played for Us,” a 4-CD set and photo book that showcases Arhoolie‘s mosaic of musicians.

“They had confidence in the music that they made,” Grammy-winning recording artist Taj Mahal said. “It wasn’t predicated on selling a million or millions … it’s what made them happy. Chris – most of his records were about that.”

Mahal and fellow roots-music pioneer Ry Cooder joined the performers at Berkeley’s Freight & Salvage Coffeehouse for the anniversary. Others included the Savoy-Doucet Cajun Band, bluegrass master Peter Rowan, norteño stars Los Cenzontles, the Treme Brass Band from New Orleans and The Campbell Brothers, a “sacred-steel” guitar gospel group.

GATHERING A MUSICAL FAMILY

Strachwitz, who said he fell in love with records as a child in pre-war Germany and came of age in southern California, gathered his musical family in several ways. He scoured record stores and listened to regional ethnic radio programs.

Strachwitz learned of bluesman “Black Ace” Turner when he inquired at a street-corner gambling game. Blues legend “Lightning” Hopkins took him to see a cousin, Clifton Chenier, who later rose to acclaim as the “King of Zydeco.”

Strachwitz named Arhoolie after a type of work song, a field holler, that had deep roots in African-American musical culture.

He was asked to describe the unique attributes of each musical style he recorded. But instead he cited a common thread.

“I think it’s the powerful rhythm,” he said. “They were all dance music – real dance music, not this boogaloo shit. And it’s sort of honky-tonk music, it’s just free flowing, rhythmic, stuff. With some good singing on top of it.”

He recorded in his living room, kitchens, beer joints and churches. “I didn’t give a damn about acoustics. I’d record in an outhouse if I had to,” he said.

He made sure his musicians got their due. Strachwitz recalled giving an appreciative Fred McDowell a royalty check for the Rolling Stones’ cover version of “You Gotta Move.”

“Fred McDowell enjoyed his life so much just playing for people, and after we got him the money … from the Rolling Stones, he said. ‘Well, I’m glad them boys enjoyed my music.’”

The 50th anniversary concert and recording were fundraisers for the Arhoolie Foundation, which supports folk culture and is advised by Bob Dylan, Bonnie Raitt and others. Projects include films, instrument donations, and digital transfers of more than 50,000 records and cassettes in the collection Strachwitz donated of Mexican and Mexican-American music.

A “SONGCATCHER” STRUGGLING TO STAY IN BUSINESS

Arhoolie Records and writer Adam Machado won a Grammy award last year for “Hear Me Howling,” an anthology of the Bay Area music scene culled from Strachwitz‘s recordings.

But Arhoolie, based in El Cerrito, California, is struggling. Strachwitz said. He called himself more of “songcatcher” than businessman.

“I’ve been trying to survive basically on the publishing royalties. I haven’t got a salary from Arhoolie in years and now they can’t even afford to pay the rent anymore,” he said.

But there will always be songs to catch and backwaters to explore, Mahal said. The folk-music scene is still vibrant and house concerts are supporting a wave of new talent to be discovered, he said.

And the legacy Strachwitz created will endure.

“Deep Americana (music) is a huge force and it has traveled out of our country to people around the world. It is a big source of comfort for a lot of people,” Mahal said.

“People like Chris Strachwitz have spent their lives making sure that that is so, and that these people don’t get lost in the shuffle, and drop through the cracks.”

(Reporting by Randall Mikkelsen, editing by Jill Serjeant)

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CDC: Flu seems to level off except in the West

New government figures show that flu cases seem to be leveling off nationwide. Flu activity is declining in most regions although still rising in the West.

The Centers for Disease Control and Prevention says hospitalizations and deaths spiked again last week, especially among the elderly. The CDC says quick treatment with antiviral medicines is important, in particular for the very young or old. The season's first flu case resistant to treatment with Tamiflu was reported Friday.

Eight more children have died from the flu, bringing this season's total pediatric deaths to 37. About 100 children die in an average flu season.

There is still vaccine available although it may be hard to find. The CDC has a website that can help.

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CDC: http://www.cdc.gov/flu/

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Dr. Phil to interview alleged girlfriend hoaxer

NEW YORK (AP) — Dr. Phil McGraw has booked the first on-camera interview with the man who allegedly concocted the girlfriend hoax that ensnared Notre Dame football star Manti Te'o.

A "Dr. Phil Show" spokesperson confirmed on Friday the interview with Ronaiah Tuiasosopo (roh-NY-ah too-ee-AH'-so-SO'-poh), the man accused of creating an online persona of a nonexistent woman who Te'o said he fell for without ever meeting face-to-face.

The ruse was uncovered last week by Deadspin.com, which reported that Tuiasosopo created the woman, named Lennay Kekua, who then supposedly died last September.

No further details of the "Dr. Phil" interview, including its airdate, were announced.

This interview follows the first on-camera interview with Te'o conducted this week by Katie Couric.

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S&P tops 1,500 in biggest rally since 2004

NEW YORK (Reuters) - The Standard & Poor's 500 index closed above 1,500 for the first time in more than five years on Friday as strong earnings reports, including Procter & Gamble's, helped the benchmark extend its rally to eight days.

The winning streak is the longest in eight years and left the S&P 500 about 4.1 percent away from its all-time closing high of 1,565.15 on October 9, 2007.

The equity market's strong start this year has been attributed to solid corporate results, an agreement in Washington to extend the government's borrowing power, encouraging signs from the global economy and seasonal inflows into stocks.

Procter & Gamble shares led the Dow and S&P higher with a 4 percent gain to $73.25 after the world's top household products maker's quarterly profit soared past expectations. The company also raised its sales and earnings outlook for the fiscal year.

Sales of new U.S. single-family homes fell in December but rose in 2012 to the highest level since 2009, a sign the U.S. housing market turned a corner last year.

"Economic data in the U.S. has been trending higher, albeit modestly. Things are incrementally better," said Quincy Krosby, market strategist at Prudential Financial in Newark, New Jersey.

The Dow Jones industrial average rose 70.65 points or 0.51 percent, to close at 13,895.98. The S&P 500 gained 8.14 points or 0.54 percent, to 1,502.96. The Nasdaq Composite added 19.33 points or 0.62 percent, to end at 3,149.71.

The S&P 500 closed at its highest since December 10, 2007, and the Dow ended at its highest since October 31, 2007.

Apple shares dropped 2.4 percent to $439.88, and the iPhone maker lost its coveted title as the largest U.S. company by market capitalization to Exxon Mobil Corp .

Apple's market cap fell to $413 billion, down roughly $250 billion from its September peak. Apple's fall is about equal to the entire value of Google Inc .

"The market was able to move forward despite deterioration in Apple and that's also a positive," Prudential Financial's Krosby said.

There was heavy volume in Apple shares as it hit its session low shortly before the closing bell. The stock dropped by as much as $7, to $435 from $442, within the span of one second during the last minute of trading.

More than 50 orders were executed on NYSE Arca at $435 a share, according to Thomson Reuters time-and-sales data, in blocks as small as 100 shares and as large as 10,494 shares.

Adding to the overall bullish tone in the market, German business morale improved for a third consecutive month in January to its highest in more than six months. In addition, European banks said they will repay the European Central Bank much more than expected of the loans the bank gave them during the crisis.

"Good news in credit markets helps set the stage for (more investment in) riskier assets," Krosby said.

For the week, the Dow rose 1.8 percent, the S&P 500 gained 1.1 percent and the Nasdaq added 0.5 percent. It was the fourth straight week of gains for all three indexes.

Helping to lift the Nasdaq on Friday, Starbucks rose 4.1 percent to $56.81 after the coffee retailer reported stronger-than-expected sales in the United States and Asia. {ID:nL1N0ATH04]

Netflix added 15.5 percent to $169.56, following its massive 42.2 percent jump on Thursday after the company announced a surprising jump in subscribers to its video streaming service.

Thomson Reuters data through Friday showed that of the 147 S&P 500 companies that have reported earnings so far, 68 percent exceeded expectations. Since 1994, 62 percent of companies have topped expectations, while the average over the past four quarters stands at 65 percent.

Halliburton Co shares jumped 5.1 percent to $39.72 after the world's second-largest oilfield services company reported higher-than-expected earnings and sales for the fourth quarter.

About 6.4 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, below the daily average during January 2012 of about 6.93 billion shares.

On the NYSE, more than three issues rose for every two that fell. On the Nasdaq, five stocks advanced for every four that declined.

(Reporting by Rodrigo Campos; Editing by Kenneth Barry and Jan Paschal)

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Blanket of snow to follow today's dusting

Frigid winds blowing off Lake Michigan brought a dusting of fluffy snow to portions of the lakefront today, but some real snow is expected by morning.

Lake-effect snow was heavy in northern Indiana and parts of lower Michigan, and the winds brought a bit of the white stuff to some areas of Chicago's lakefront -- enough to cause some slick streets.

But late Thursday and into Friday morning, clouds are forecast to overfill the entire Chicago area and produce as much as a couple inches of snow, according to Tribune/WGN meteorologist Tom Skilling.

If we get more than 1 inch of snow at the official reporting station, it will end a couple of records.

It will be the latest in the season that the area gets its first more-than-1-inch snowfall -- the last time we went this long was Jan. 17, 1899 -- and it will end a record stretch of not showing a 1 inch snow cover on the ground, according to the National Weather Service.

In early January this year we set the no-snow-cover record, and depending on when we get that inch it will be about 333 or 334 days since we last had that much snow on the ground.

If we get the snow it probably won't be around too long. While Monday is forecast to be clear and cold, with highs of about 24, by Sunday night temperatures will start rising with a bit more snow turning into sleet and then rain, Skilling says.

Monday and Tuesday could see highs in the 40s with rain sticking around.

For the latest radar, conditions and forecasts go to The Chicago Weather Center.

chicagobreaking@tribune.com
Twitter: @ChicagoBreaking

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Microsoft profit dips ahead of Office revamp

SEATTLE (Reuters) - Microsoft Corp's quarterly profit edged lower as Office software sales slowed ahead of a new launch, offsetting a solid but unspectacular start for its Windows 8 operating system and sending the company's shares down 1.4 percent.

The results mark a stark change from the 1990s, when Microsoft was the unchallenged king of computing and the release of a new Windows operating system would supercharge sales, generate excitement and generally boost its stock.

None of that appears to be true now, as Microsoft has been overtaken by Apple Inc and Google Inc in the rush toward mobile computing, while sales of traditional desktop computers are in decline.

"There's still no sign that Windows 8 is a gangbuster," said Andrew Bartels, an analyst at Forrester Research. "Compared to prior periods, where you saw a big increase when a new one came out, you're not seeing that."

Profit at the world's largest software company slid to $6.4 billion, or 76 cents per share, in the fiscal second quarter, from $6.6 billion, or 78 cents per share, in the year-ago quarter.

Wall Street had expected 75 cents per share, on average, according to Thomson Reuters I/B/E/S.

Overall sales rose 3 percent to $21.5 billion, Microsoft said on Thursday, in line with analysts' estimates.

The biggest factor weighing on Microsoft was a 10 percent decline in sales at its Office unit to $5.7 billion, which took into account the loss of deferred revenue relating to discounted upgrades to the new version of the software, expected shortly.

"It's a pause before a product launch, which is typical," said Josh Olson, an analyst at Edward Jones.

WINDOWS SHRUG

Windows sales jumped 24 percent to $5.9 billion, slightly ahead of analysts' average expectations, which had been gradually lowered over the last few months. That also included some deferred revenue relating to discounted upgrades.

Microsoft said it has sold more than 60 million Windows 8 licenses since its late-October launch, an unexceptional start for a product which has not gripped the public's imagination in the way of Apple's iPad.

The company already announced 60 million Windows 8 sales two weeks ago, broadly in line with Windows 7 sales three years before.

"Windows 8 continues to have an uphill battle in convincing investors this is going to be the key to the growth story for Microsoft," said Daniel Ives, an analyst at FBR Capital Markets. "It continues to be a major prove-me product cycle."

Microsoft did not detail sales of its new Surface tablet - a direct competitor to the iPad - although chief financial officer Peter Klein said the company was expanding production and distribution.

Windows executives suggest that Windows will win more people over when new touch-screen devices start hitting the shelves in coming months.

"Demand is stronger than supply across a number of key device types, whether Windows tablets, convertibles, or all-in-ones," Tami Reller, chief financial officer of Microsoft's Windows unit, told Reuters earlier this month. "Most of the opportunity is still ahead of us."

Analysts seem prepared to give Microsoft more time to prove its point.

"It's been disruptive but the PC market is far from dead," said Colin Gillis, an analyst at BGC Financial. "Even if they have minimal success with Surface, they don't need much to move the needle."

Microsoft shares have fallen 2 percent since Windows 8 was launched on October 26, compared to a 5 percent gain in the tech-heavy Nasdaq composite index. They fell to $27.06 in after-hours trading, after closing at $27.23 on Nasdaq.

(Additional reporting by Jennifer Saba; Editing by Richard Chang and Bob Burgdorfer)

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Voice of Te'o prankster? Couric plays voicemails

NEW YORK (AP) — The person Manti Te'o says was pretending to be his online girlfriend told the Notre Dame linebacker "I love you" in voicemails that were played during his interview with Katie Couric.

Taped earlier this week and broadcast Thursday, the hour-long talk show featured three voicemails that Te'o claims were left for him last year. Te'o said they were from the person he believed to be Lennay Kekua, a woman he had fallen for online but never met face-to-face.

After the first message was played, Te'o said: "It sounds like a girl, doesn't it?"

"It does," Couric responded.

The interview was the All-American's first on camera since his tale of inspired play after the deaths of his grandmother and girlfriend on the same day in September unraveled as a bizarre hoax in an expose by Deadspin.com on Jan. 16.

Te'o's parents appeared with him for part of the interview and backed up his claim that he wasn't involved in the fabrication, saying they, too, had spoken on the phone with a person they believed to be Kekua.

Couric addressed speculation that the tale was concocted by Te'o as a way to cover up his sexual orientation. Asked if he were gay, Te'o said "no" with a laugh. "Far from it. Faaaar from that."

He also said he was "scared" and "didn't know what to do" after receiving a call on Dec. 6 — two days before the Heisman Trophy presentation — from a person who claimed to be his "dead" girlfriend.

The first voicemail, he said, was from what was supposed to be Kekua's first day of chemotherapy for leukemia.

"Hi, I am just letting you know I got here and I'm getting ready for my first session and, um, just want to call you to keep you posted. I miss you. I love you. Bye," the person said.

In the second voicemail, the person was apparently upset by someone else answering Te'o's phone.

The third voicemail was left on Sept. 11, according to Te'o, the day he believed Kekua was released from the hospital and the day before she "died."

"Hey babe, I'm just calling to say goodnight," the person on the voicemail said. "I love you. I know that you're probably doing homework or you're with the boys. ... But I just wanted to say I love you and goodnight and I'll be ok tonight. I'll do my best. Um, yeah, so get your rest and I'll talk to you tomorrow. I love you so much, hon. Sweet dreams."

Couric suggested the person who left those messages might have been Ronaiah Tuisasosopo, a 22-year-old man from California, who Te'o said has apologized to him for pulling the hoax.

"Do you think that could have been a man on the other end of the phone?" she asked.

"Well, it didn't sound like a man," Te'o said. "It sounded like a woman. If he somehow made that voice, that's incredible. That's an incredible talent to do that. Especially every single day."

Tuiasosopo has not spoken publicly since news of the hoax broke. The Associated Press has learned that a home in California where Te'o sent flowers to the Kekua family was once a residence of Tuiasosopo and has been in his family for decades.

Also on Thursday, the woman whose pictures were used in fake online accounts for Kekua said Tuiasosopo confessed to her in a 45-minute phone conversation as the scheme unraveled.

Diane O'Meara spoke with The Associated Press in a telephone interview. She said Tuiasosopo told her he'd been "stalking" her Facebook profile for five years and stealing photos.

O'Meara's attorney, Jim Artiano, said they had not decided on whether to take any legal action.

The 23-year-old O'Meara, of Long Beach, Calif., said she knew Tuiasosopo from high school and he contacted her through Facebook on Dec. 16. She said that, over the next three weeks, Tuiasosopo got in touch with her several times, attempting to get photos and video of O'Meara. She said he made up a story about wanting them to help cheer up a cousin who was injured in a car crash.

O'Meara learned her identity had been stolen on Jan. 13 when she was contacted by Deadspin.com.

The next day she got in touch with Tuiasosopo.

"When I contacted Ronaiah I got a very bizarre vibe from him, he became very nervous, he wasn't asking the questions I expected. He was asking 'Who contacted you? What did they say?'" O'Meara said.

Later that day, he confessed, O'Meara said. She said she asked Tuiasosopo why he didn't simply stop the hoax.

"He told me he wanted to end the relationship," O'Meara said. "He said he wanted to stop the relationship between Lennay and Manti, but Manti didn't want Lennay to break up with him ... He said he tried to stop the game many times."

When news of the hoax broke a few days later, O'Meara said she received a text from Tuiasosopo asking her to call him as soon as possible. O'Meara said she didn't respond.

___

Associated Press writer Tami Abdollah contributed to this report from Los Angeles.

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CBS orders pilots for “Bad Teacher,” Bruno Heller drama

LOS ANGELES (TheWrap.com) – A pilot based on the 2011 Cameron Diaz film “Bad Teacher” and a drama from “The Mentalist’ creator Bruno Heller have been ordered by CBS, an individual with knowledge of the orders told TheWrap on Wednesday.

“Bad Teacher” will be written and executive-produced by “My Name Is Earl” and “Community” veteran Hilary Winston, with Lee Eisenberg and Gene Stupnitsky, who were behind the film, executive-producing as well. Sam Hansen and Jimmy Miller will also executive-produce the pilot, which comes from Sony Pictures Television in association with the Mosaic Media Group, and follows a sexy, foul-mouthed divorcee who becomes a teacher to find her next husband.

“The Advocates,” written and executive-produced by Heller, revolves around a female lawyer and a male ex-con who team up as “victim advocates,” going to the very edge of the law to right wrongs and fight for the underdog. Warner Bros. is producing.

The new pilot orders follow on the heels of CBS ordering pilots for a small-screen adaptation of the Eddie Murphy film “Beverly Hills Cop” – which is being executive-produced by “The Shield” creator Shawn Ryan, and Murphy will appear in – as well as the sitcom “Friends With Better Lives” and the detective drama “Backstrom.”

TV News Headlines – Yahoo! News

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Penalty could keep smokers out of health overhaul

WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama's health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.

The Affordable Care Act — "Obamacare" to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.

For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.

Younger smokers could be charged lower penalties under rules proposed last fall by the Obama administration. But older smokers could face a heavy hit on their household budgets at a time in life when smoking-related illnesses tend to emerge.

Workers covered on the job would be able to avoid tobacco penalties by joining smoking cessation programs, because employer plans operate under different rules. But experts say that option is not guaranteed to smokers trying to purchase coverage individually.

Nearly one of every five U.S. adults smokes. That share is higher among lower-income people, who also are more likely to work in jobs that don't come with health insurance and would therefore depend on the new federal health care law. Smoking increases the risk of developing heart disease, lung problems and cancer, contributing to nearly 450,000 deaths a year.

Insurers won't be allowed to charge more under the overhaul for people who are overweight, or have a health condition like a bad back or a heart that skips beats — but they can charge more if a person smokes.

Starting next Jan. 1, the federal health care law will make it possible for people who can't get coverage now to buy private policies, providing tax credits to keep the premiums affordable. Although the law prohibits insurance companies from turning away the sick, the penalties for smokers could have the same effect in many cases, keeping out potentially costly patients.

"We don't want to create barriers for people to get health care coverage," said California state Assemblyman Richard Pan, who is working on a law in his state that would limit insurers' ability to charge smokers more. The federal law allows states to limit or change the smoking penalty.

"We want people who are smoking to get smoking cessation treatment," added Pan, a pediatrician who represents the Sacramento area.

Obama administration officials declined to be interviewed for this article, but a former consumer protection regulator for the government is raising questions.

"If you are an insurer and there is a group of smokers you don't want in your pool, the ones you really don't want are the ones who have been smoking for 20 or 30 years," said Karen Pollitz, an expert on individual health insurance markets with the nonpartisan Kaiser Family Foundation. "You would have the flexibility to discourage them."

Several provisions in the federal health care law work together to leave older smokers with a bleak set of financial options, said Pollitz, formerly deputy director of the Office of Consumer Support in the federal Health and Human Services Department.

First, the law allows insurers to charge older adults up to three times as much as their youngest customers.

Second, the law allows insurers to levy the full 50 percent penalty on older smokers while charging less to younger ones.

And finally, government tax credits that will be available to help pay premiums cannot be used to offset the cost of penalties for smokers.

Here's how the math would work:

Take a hypothetical 60-year-old smoker making $35,000 a year. Estimated premiums for coverage in the new private health insurance markets under Obama's law would total $10,172. That person would be eligible for a tax credit that brings the cost down to $3,325.

But the smoking penalty could add $5,086 to the cost. And since federal tax credits can't be used to offset the penalty, the smoker's total cost for health insurance would be $8,411, or 24 percent of income. That's considered unaffordable under the federal law. The numbers were estimated using the online Kaiser Health Reform Subsidy Calculator.

"The effect of the smoking (penalty) allowed under the law would be that lower-income smokers could not afford health insurance," said Richard Curtis, president of the Institute for Health Policy Solutions, a nonpartisan research group that called attention to the issue with a study about the potential impact in California.

In today's world, insurers can simply turn down a smoker. Under Obama's overhaul, would they actually charge the full 50 percent? After all, workplace anti-smoking programs that use penalties usually charge far less, maybe $75 or $100 a month.

Robert Laszewski, a consultant who previously worked in the insurance industry, says there's a good reason to charge the maximum.

"If you don't charge the 50 percent, your competitor is going to do it, and you are going to get a disproportionate share of the less-healthy older smokers," said Laszewski. "They are going to have to play defense."

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Online:

Kaiser Health Reform Subsidy Calculator — http://healthreform.kff.org/subsidycalculator.aspx

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