Showing posts with label Exchanges. Show all posts
Showing posts with label Exchanges. Show all posts

Tuesday, March 4, 2014

Bitcoin Incentive for Fraud; Two More Exchanges Hacked: "Flexcoin" Robbed of All Online Coins; "Poloniex" Missing 12.3% of Assets

Bitcoin Incentive for Fraud; Two More Exchanges Hacked: "Flexcoin" Robbed of All Online Coins; "Poloniex" Missing 12.3% of Assets
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7T076uoLkNy1tgXy9S9Pld7FLhp2a82mU9dfDU_djWEW_poTHr3pVdot2uRP7baY0VCBlBmk8S1xL571mSw7DQTGZz0hJsL6yGQT_TP1qBeo6G-bDUHBa3k5iY4EHJTmtkFoaVUPOX-I/s400/flexcoin.png

Two more bitcoin exchanges were robbed in the past few days. “Flexcoin” lost all online coins and shut its doors.   


Flexcoin admitted it did not have resources to cover 896 stolen bitcoins, worth £365,000 (about $ 608,200). Bitcoins in Flexcoin’s “cold storage” (offline), for which depositors have to pay a fee, were not affected.


“Poloniex”, the other hacked bitcoin site, admitted that it is missing 12.3% of its assets because of a flaw in its transaction system. Its owner apologized and will keep its exchange running.


The Guardian reports Bitcoin Bank Flexcoin Closes After Hack Attack.

Flexcoin has been forced to close after hackers stole 896 bitcoins, worth £365,000, in an attack on Sunday. The company shut its website and posted a statement on Tuesday morning detailing the loss.

“On March 2nd 2014 Flexcoin was attacked and robbed of all coins in the hot wallet,” the statement read. “As Flexcoin does not have the resources, assets, or otherwise to come back from this loss, we are closing our doors immediately.”


Not all of the company’s assets were stolen. In line with best practices for running a bitcoin financial service, Flexcoin held some bitcoins in “cold storage”, keeping them on devices not connected to the internet. Those bitcoins are safe, but only users who explicitly requested their bitcoins be held in cold storage (and paid a 0.5% fee) benefit.


“Users who put their coins into cold storage will be contacted by Flexcoin and asked to verify their identity,” the statement continues. “Once identified, cold storage coins will be transferred out free of charge. Cold storage coins were held offline and not within reach of the attacker. Flexcoin will attempt to work with law enforcement to trace the source of the hack.”


Just six days ago, the company was boasting that it was unscathed by the closure of MtGox, once the world’s largest bitcoin exchange:



The same day the company came clean about its losses, a second bitcoin firm, Poloniex, also admitted that 12.3% of its reserves had been stolen by hackers. Poloniex is a bitcoin exchange, and the company has committed to operating at a fractional reserve until it can replenish the losses itself.


“Poloniex” Robbed of 12.3% of Assets, Owner Apologizes


The problem at Poloniex stems from a flaw in Poloniex’s system that processed bitcoin transactions simultaneously rather than sequentially, ultimately allowing negative balances.


On the Bitcoin Forum, Poloniex owner Busoni explained how it happened and apologized to the bitcoin holders.

What Did Poloniex Do Wrong?

The major problem here is that the auditing and security features were not explicitly looking for negative balances. Another design flaw is that withdrawals should be queued at every step of the way. This could not have happened if withdrawals requests were processed sequentially instead of simultaneously.


What Did Poloniex Do Right?


The existing security features noticed unusual withdrawal activity and froze BTC. That is how the activity was discovered.


What Happens Now?


I take full responsibility for this and am committed to repaying the debt of BTC. The exchange funds are 12.3% short. Because there is not enough BTC to cover everyone’s balances, all balances will temporarily be deducted by 12.3%. Please understand that this is an absolute necessity–if I did not make this adjustment, people would most likely withdraw all their BTC as soon as possible in order to make sure they weren’t left in that remaining 12.3%. Aside from the obvious drawback of most of the BTC being taken out of the exchange, this would not be fair–some people would get all of their money right away, and a few would get none right away.


The amount deducted from everyone’s balances will be recorded, and funds raised from exchange fees, as well as donations from my own pocket (which is not very deep, I’m afraid), will be distributed regularly to all users who have had BTC deducted. Exchange fees will be raised to expedite the recovery of the debt. 1.5% has been suggested by many people, but I will take input on this.


If I had the money to cover the entire debt right now, I would cover it in a heartbeat. I simply don’t, and I can’t just pull it out of thin air.


Right now, all markets and withdrawals are still frozen, and they will remain that way until the negative balance watcher is written and in place and balance deductions are calculated. Please do not bother placing withdrawals right now, as they will not be processed and will probably all be cancelled before functionality resumes. ETA on availability of withdrawals is approximately 12 hours. I am afraid it is 3 AM where I am right now, and I think it is wise for me to get some rest before proceeding.


In conclusion…


I sincerely apologize for this, and I am very grateful to the many people who have already expressed their support and belief in my character. I take full responsibility; I will be donating some of my own money, and I will not be taking profit before the debt is paid.


I welcome your opinions on how to proceed, but please be constructive. I do not have the money to wave away the debt, so we’ll need to work together.


Bitcoin Log


Given that a log makes a record of every transaction, and given this hack recently occurred, it should be possible to track the missing bitcoins.


Bitcoins.Com explains “All newly mined Bitcoins, along with every transaction, are publicly recorded and verified through the network. This record is known as the Blockchain and is one of the features that helps keep the system secure from fraud and abuse. Bitcoins cannot be duplicated or forged.”


Tracking the stolen bitcoins is easy enough, recovering the stolen money is likely be another matter. The thieves likely traded the bitcoins for cash and now a third party is holding the coins.


Sense some lawsuits regarding ownership of the stolen bitcoins?


Incentive for Fraud


Note the huge incentive for insider fraud at these sites. The owner or owners of these bitcoin exchanges can easily arrange for bitcoins to be stolen.


I do not propose that happened in either case above, I just mention the possibility.


Inside Japan’s Bitcoin Heist


Some do accuse Mt.Gox of fraud but the Daily Beast dismisses that idea. Please consider Inside Japan’s Bitcoin Heist

The Daily Beast was able to speak with a former employee of Mt. Gox, on the condition of anonymity, due to a nondisclosure agreement with the company. According to the former employee’s testimony and other expert analysis, it seems very likely that the collapse of Mt. Gox was not a criminal fraud but the result of poor management, faulty accounting, and system bugs that went unfixed many months after being recognized by the CEO himself. The final nail in the coffin was the unauthorized release of an internal document that was supposed to serve as the groundwork for saving the company. It is unclear who leaked the document—which was an unfinished draft of a plan of action.

“Essentially,” said the former employee, “Mt. Gox was a dysfunctional organization. Nobody was doing accounting reconciliation and there was an exploitable fault in the transaction system that allowed people to get paid twice—or in other words, withdraw more or less the same amount of Bitcoins two times.”


And it does seem true that Bitcoins are very hard to forge or duplicate. Unfortunately, if you know what you’re doing, they may be easy to steal. Or if you’re not careful, they may be very easy to lose.


Karpeles informed the former employee that an estimated 820,000 Bitcoins were unaccounted for—at the time, the equivalent of close to $ 500 million. The former employee was told the Bitcoins had possibly been siphoned off over several months by users exploiting flaws in the system. In particular, there seemed to be a system glitch that made it possible to get a payment reissued even after it had been already received. He says that because the firm hadn’t hired an accounting firm to keep the books or an auditor, the theft was undetected.


Teikoku Data Bank, Japan’s largest and most respected credit-rating agency, in July of last year reviewed the company and gave it a D4, the worst possible rating a company can receive on their scale. One of the reasons for the low rating was the lack of qualified accounting staff at the company.


Questions


Are you holding bitcoins? If so, what kind of auditing in in place at the exchange you hold them? Are they in cold storage? Should they be?


Accounting procedures at Mt.Gox were so bad it did not matter whether or not you had the transactions in cold storage.

Bitcoin Price and Fraud Go Hand in Hand


One final question: Is the runup in price directly related to fraud and theft?


Yes, two ways.


1. Increasing value of bitcoins made them an ideal target
2. Fraudsters who stole bitcoins had an incentive to artificially drive price higher knowing they could take out more than they put in, at more than one bitcoin exchange, and in more than one way.


How high would the price of bitcoin had gotten in the absence of those incentives?


Mike “Mish” Shedlock
http://globaleconomicanalysis.blogspot.com


Mish’s Global Economic Trend Analysis




Read more about Bitcoin Incentive for Fraud; Two More Exchanges Hacked: "Flexcoin" Robbed of All Online Coins; "Poloniex" Missing 12.3% of Assets and other interesting subjects concerning Economy at TheDailyNewsReport.com

Bitcoin Incentive for Fraud; Two More Exchanges Hacked: "Flexcoin" Robbed of All Online Coins; "Poloniex" Missing 12.3% of Assets

At Not Just The News, the privacy of our visitors is of extreme importance to us (See this article to learn more about Privacy Policies.). This privacy policy document outlines the types of personal information is received and collected by Not Just The News and how it is used.


Log Files


Like many other Web sites, Not Just The News makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user"s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.


Cookies and Web Beacons


Not Just The News does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.


DoubleClick DART Cookie


  • Google, as a third party vendor, uses cookies to serve ads on Not Just The News.

  • Google"s use of the DART cookie enables it to serve ads to users based on their visit to Not Just The News and other sites on the Internet.

  • Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html.

These third-party ad servers or ad networks use technology to the advertisements and links that appear on Not Just The News send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.


Not Just The News has no access to or control over these cookies that are used by third-party advertisers.


You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. Not Just The News"s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.


If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browser"s respective websites.



Bitcoin Incentive for Fraud; Two More Exchanges Hacked: "Flexcoin" Robbed of All Online Coins; "Poloniex" Missing 12.3% of Assets

Wednesday, December 4, 2013

VIDEO: Another front in the "war on women"?









Jess McIntosh of Emily’s List and Charlotte Hays of the Independent Women’s Forum debate whether corporations’ religious objections to covering contraception are evidence of GOP efforts to restrict access to contraception.













Thanks for checking us out. Please take a look at the rest of our videos and articles.







To stay in the loop, bookmark our homepage.







VIDEO: Another front in the "war on women"?

Tuesday, November 26, 2013

Analysis: U.S. exchanges grapple for solutions to trading glitches

Analysis: U.S. exchanges grapple for solutions to trading glitches
http://currenteconomictrendsandnews.com/wp-content/uploads/2013/11/11f3d__?m=02&d=20131126&t=2&i=815296496&w=460&fh=&fw=&ll=&pl=&r=CBRE9AP1G5500.jpg





NEW YORK Tue Nov 26, 2013 1:46pm EST



Commuters pass by the NASDAQ Marketsite in New York, May 21, 2012. REUTERS/Brendan McDermid

Commuters pass by the NASDAQ Marketsite in New York, May 21, 2012.


Credit: Reuters/Brendan McDermid




NEW YORK (Reuters) – U.S. security exchanges are feverishly working in the wake of August’s Nasdaq trading halt to reinforce a market that too frequently seems to succumb to technology glitches, but these efforts are unlikely to rectify all the weak spots.


What appeared to be a workable solution two months ago to create a back-up for the exchanges’ “securities information processors,” or SIPS, like the one that got clogged with reams of quotes in Nasdaq-listed stocks on August 22, now looks too complicated, according to sources familiar with the talks.


Making the SIPs more resilient highlights a problem for a market that generally operates exceptionally well, despite a number of high-profile technology failures since early 2012, including Nasdaq’s botched handling of Facebook’s IPO that May.


The more than 50 equity trading venues and their links to hundreds of brokerages, with differing software and numerous order interfaces with the market, have created a system so complex it is vulnerable to failure in countless ways.


To combat this, broker-dealers and market makers have put a premium on enhancing their early warning detection of bugs and other anomalies, and swift damage control when problems occur.


Monitoring for potential glitches or other application failures has taken on greater importance with the market now geared to trade large volumes of securities in microseconds, said Donal Byrne, chief executive of Corvil, which monitors the performance of trading platform operating systems.


“The risk systems that are largely in place today were built for human time. They weren’t built for machine time,” Byrne said.


“Machine time happens in microseconds, milliseconds and seconds. If you can’t detect, alert and react within that time frame, there’s a pretty good chance you can’t address the risk that you’re exposed to. Within a second you could have traded yourself out of business.”


SCANT DETAILS ON EXCHANGE PLANS


The Securities and Exchange Commission told all U.S. stock and options exchanges in September to draw up plans for buttressing the market after a software glitch forced Nasdaq OMX Group Inc (NDAQ.O) to halt trading for three hours in August.


The SEC ordered the exchanges to examine five broad issues, including the SIPs, and proposed kill switches to shut down trading when exchange systems malfunction.


The exchanges said they had established a “pathway” for identifying contingencies for critical infrastructure, or the “single points of failure” that scare national security experts. They targeted trading at the open and close and during initial public offerings, key regulatory messaging during trading, outages at the clearing houses for stocks and options and connections to the exchanges’ disaster recovery facilities.


Details were scant. SEC Chair Mary Jo White acknowledged that “work remains to be done.” The exchanges indicated after their 60-day review that a months-long process lies ahead as they amend their rules and open their proposals for public comment.


“It takes the industry time to digest. You need to see stuff in writing, and you need to see the details,” said a source close to talks between the exchanges and broker-dealers.


For example, discussions among exchanges on measures to fortify the SIPs have had mixed results. An idea that seemed feasible two months ago, to reroute data to Nasdaq’s SIP if a processor for the New York Stock Exchange were to fail, and vice versa, has been canned.


The SIPs operated by Nasdaq and NYSE, now owned by IntercontinentalExchange Group (ICE.N), have different fields and data feed formats, making the rerouting plan a technical challenge, said a second source with knowledge of the talks.


“We’ve talked to the industry and they don’t want to move in that direction. They think it’s overly complicated,” the source said.


A front-line defense has been agreed to involving hardware, software and testing procedures to bolster the SIPs, along with system and process enhancements, the second source said. Existing back-up sites will be used if a failure occurs.


“We need to improve the existing back-up facilities and make it so you can quickly fall over to the back-up site if need be and you’re comfortable doing it,” the source said.


Most of the downtime during the three-hour Nasdaq trading halt was to ensure no hiccups would occur when trading resumed.


Some bemoan the lack of post-mortem reports that would provide insight into mishaps. The content of reports on outages filed with the SEC after such incidents are kept confidential.


STANDARDIZATION VS INNOVATION


Current proposals fail to address other shortcomings in the securities industry, especially aberrant software that often has been the culprit behind the vexing market disruptions.


Nasdaq Chief Executive Robert Greifeld has flagged software as an issue, urging standardized measures and a certification process to help reduce the number of glitches, similar to what exists in the electrical and telecommunications industries.


“There has to be some way where the central body that you test against, they certify you and then say you’re good to go,” Greifeld told reporters last month. “The telco industry works that way, obviously the power industry would work that way.”


Yet many in the market are wary of standardization, in effect seeing it as an affront to capitalism.


“The lack of fully standardized systems and technology is what has made our markets (among)the most efficient on the planet,” said Chris Concannon, a partner at Virtu Financial LLC, a leading market maker in more than 200 markets worldwide.


“Standardization is the enemy of innovation,” he said.


Common standards do exist in electronic trading, such as FIX Protocol, a 20-year-old messaging language to facilitate equity trading. Also, knowledge of how each exchange operates has spread as technology officers switch jobs. Still, some have urged increased standardization to reduce glitches.


The SEC earlier this year sought industry comment on creating standards for computer security, capacity and audits.


Systems testing has increased to ensure they function properly and tasks have been automated to reduce “fat finger” mistakes and error introduction when software is updated.


Exchanges go through daily checks before trading begins, and when changes are made to an exchange’s technology. Automation ensures such repetition is conducted the exact same way to eliminate glitches, said Rob Cornish, chief technology officer at the International Securities Exchange, an options trading platform of Deutsche Boerse Group AG (DB1Gn.DE).


“We call it software deployment automation, and we use newly developed technology to help us with managing code and deploying it,” Cornish said. “We also go beyond software. We’re treating our infrastructure as code, with a goal to automate as much of the change process as possible to reduce human error.”


Concannon said damage control is crucial because technology misfires and testing only goes so far. Virtu conducts regular fire drills with many of its trading venues and runs in-house simulations, often with its personnel unaware of the tests.


“Despite lots of testing, it still fails. Hardware fails, switches break, boxes crash and lines go down,” Concannon said, adding that mitigating damage from technology failures is his firm’s top priority, and should be for the industry as well.


“We spend more time on mitigation and early detection than we do on testing,” he said. “More firms should approach their technology that way.”


(Reporting by Herbert Lash; Editing by Dan Grebler)






Reuters: Business News




Read more about Analysis: U.S. exchanges grapple for solutions to trading glitches and other interesting subjects concerning Business at TheDailyNewsReport.com

Sunday, September 29, 2013

As shutdown looms, Obamacare exchanges set to go

An Obamacare advocate is shown. | Reuters

Health and Human Services made it clear a shutdown won’t stop Obamacare’s launch. | Reuters





It’s looking more and more like Tuesday will be a split-screen day: The government will shut down, and Obamacare will open for business.


That’s going to annoy a lot of Republicans —because the ones who are pushing the shutdown are doing so precisely because they want to halt Obamacare.







Barring some last-minute deal, which gets less likely with each passing moment, the federal government will shut down on Tuesday because of the House and Senate’s inability to pass a spending bill that resolves their deep and persistent differences over Obamacare.


(Also on POLITICO: Obama keeps distance from Hill)


But Tuesday is also the day that Obamacare’s new health insurance marketplaces — some run by the states, many run by the feds — are scheduled to start signing up customers. And President Barack Obama has made it clear that, even if the government closes, the health care show will go on.


“On Tuesday, about 40 million more Americans will be able to finally buy quality, affordable health care, just like anybody else,” Obama said on Friday. The new health insurance exchanges, he said, “will be open for business on Tuesday no matter what — even if there’s a government shutdown. That’s a done deal.”


How is that possible? Here’s a guide to how it will work — and what we might see on Tuesday:


How can Obamacare still be open for business if the government shuts down?


Many pieces of the health care law, officially called the Affordable Care Act, aren’t tied to the annual spending bills. Much of the health law is mandatory spending — a kind of fiscal autopilot that’s not part of the annual appropriations battle that has Congress tied in knots. The mandatory components of the health law include the subsidies to help people buy private health plans as well as the expansion of Medicaid in many states. Both of those functions will be handled through the new health insurance markets or exchanges.


(Also on POLITICO: Hill prediction: Headed for shutdown)


Because those programs are mandatory, the Department of Health and Human Services has a lot of leeway to say that Obamacare activities can continue — and HHS officials have made it clear they’re going to use it.


On Friday, the HHS quietly posted its shutdown contingency plan. The bottom line was clear: Obamacare would continue, including the health exchanges and their coordination with Medicaid. It also said Medicare coverage “will continue largely without disruption.” True, lots of HHS workers would be furloughed — but those who would be told to stay home are concentrated in agencies that are not driving the launch of the health law.


HHS says its plan is consistent with legal advice that allows activities that “do not rely on annual appropriations, and activities that involve the safety of human life and protection of property” can keep running even if much of the government shuts down. And that means the staff that carry out mandatory programs like those in the health law can keep working — even if their positions are funded through the annual spending bills.


There’s plenty of legal precedent. In a report to Sen. Tom Coburn (R-Okla.), the Congressional Research Service predicted that “substantial ACA implementation might continue” during a government shutdown, citing a 1981 opinion by then-Attorney General Benjamin Civiletti. He argued in essence that as mandatory programs march on, they can take some discretionary-funded staff with them.


(WATCH: Mitt Romney thinks there’s a better way to stop Obamacare)


In addition, nobody really expected a huge rush to sign up on Day One. Even before the shutdown seemed so likely, the administration has been saying it expected people to spend some time learning more about their new health care options before committing to a health plan. Signup runs from October through March. Benefits kick in Jan. 1.


But at a time when so many Americans still don’t understand the law — and some don’t even realize that it hasn’t been repealed by the House or tossed out by the courts — the shutdown could add yet another layer of confusion. People may not realize they can still sign up when the government is shut down.


Where will they get the money to keep the exchanges open?


The exchanges have two main monetary needs: staff and infrastructure to keep them up and running, and insurance subsidies that will be available to people with low and moderate incomes.


The subsidy question is fairly simple. Like Medicare and Medicaid benefits, the subsidies are benefit payments that will still go out even if the government shuts down.


(WATCH: Obama to Congress: ‘Pay our bills on time’)


And for the exchange operations, HHS has already granted billions of dollars to the states setting up their own exchanges — 16 states plus the District of Columbia.


If the shutdown lasts for only a few days or weeks — the most likely scenario — the state-run exchanges should still be going full steam ahead, equipped with the funding and staffers they’ll need to start enrolling people right away. Some state exchange directors last week voiced some concerns about whether they’ll get everything they need — including data on income and eligibility — from the feds. But they said they are still ready to go.




POLITICO – TOP Stories



As shutdown looms, Obamacare exchanges set to go

As shutdown looms, Obamacare exchanges set to go

An Obamacare advocate is shown. | Reuters

Health and Human Services made it clear a shutdown won’t stop Obamacare’s launch. | Reuters





It’s looking more and more like Tuesday will be a split-screen day: The government will shut down, and Obamacare will open for business.


That’s going to annoy a lot of Republicans —because the ones who are pushing the shutdown are doing so precisely because they want to halt Obamacare.







Barring some last-minute deal, which gets less likely with each passing moment, the federal government will shut down on Tuesday because of the House and Senate’s inability to pass a spending bill that resolves their deep and persistent differences over Obamacare.


(Also on POLITICO: Obama keeps distance from Hill)


But Tuesday is also the day that Obamacare’s new health insurance marketplaces — some run by the states, many run by the feds — are scheduled to start signing up customers. And President Barack Obama has made it clear that, even if the government closes, the health care show will go on.


“On Tuesday, about 40 million more Americans will be able to finally buy quality, affordable health care, just like anybody else,” Obama said on Friday. The new health insurance exchanges, he said, “will be open for business on Tuesday no matter what — even if there’s a government shutdown. That’s a done deal.”


How is that possible? Here’s a guide to how it will work — and what we might see on Tuesday:


How can Obamacare still be open for business if the government shuts down?


Many pieces of the health care law, officially called the Affordable Care Act, aren’t tied to the annual spending bills. Much of the health law is mandatory spending — a kind of fiscal autopilot that’s not part of the annual appropriations battle that has Congress tied in knots. The mandatory components of the health law include the subsidies to help people buy private health plans as well as the expansion of Medicaid in many states. Both of those functions will be handled through the new health insurance markets or exchanges.


(Also on POLITICO: Hill prediction: Headed for shutdown)


Because those programs are mandatory, the Department of Health and Human Services has a lot of leeway to say that Obamacare activities can continue — and HHS officials have made it clear they’re going to use it.


On Friday, the HHS quietly posted its shutdown contingency plan. The bottom line was clear: Obamacare would continue, including the health exchanges and their coordination with Medicaid. It also said Medicare coverage “will continue largely without disruption.” True, lots of HHS workers would be furloughed — but those who would be told to stay home are concentrated in agencies that are not driving the launch of the health law.


HHS says its plan is consistent with legal advice that allows activities that “do not rely on annual appropriations, and activities that involve the safety of human life and protection of property” can keep running even if much of the government shuts down. And that means the staff that carry out mandatory programs like those in the health law can keep working — even if their positions are funded through the annual spending bills.


There’s plenty of legal precedent. In a report to Sen. Tom Coburn (R-Okla.), the Congressional Research Service predicted that “substantial ACA implementation might continue” during a government shutdown, citing a 1981 opinion by then-Attorney General Benjamin Civiletti. He argued in essence that as mandatory programs march on, they can take some discretionary-funded staff with them.


(WATCH: Mitt Romney thinks there’s a better way to stop Obamacare)


In addition, nobody really expected a huge rush to sign up on Day One. Even before the shutdown seemed so likely, the administration has been saying it expected people to spend some time learning more about their new health care options before committing to a health plan. Signup runs from October through March. Benefits kick in Jan. 1.


But at a time when so many Americans still don’t understand the law — and some don’t even realize that it hasn’t been repealed by the House or tossed out by the courts — the shutdown could add yet another layer of confusion. People may not realize they can still sign up when the government is shut down.


Where will they get the money to keep the exchanges open?


The exchanges have two main monetary needs: staff and infrastructure to keep them up and running, and insurance subsidies that will be available to people with low and moderate incomes.


The subsidy question is fairly simple. Like Medicare and Medicaid benefits, the subsidies are benefit payments that will still go out even if the government shuts down.


(WATCH: Obama to Congress: ‘Pay our bills on time’)


And for the exchange operations, HHS has already granted billions of dollars to the states setting up their own exchanges — 16 states plus the District of Columbia.


If the shutdown lasts for only a few days or weeks — the most likely scenario — the state-run exchanges should still be going full steam ahead, equipped with the funding and staffers they’ll need to start enrolling people right away. Some state exchange directors last week voiced some concerns about whether they’ll get everything they need — including data on income and eligibility — from the feds. But they said they are still ready to go.




POLITICO – Congress



As shutdown looms, Obamacare exchanges set to go

Sunday, September 22, 2013

Even in a U.S. government shutdown, Obamacare exchanges could function


Patient Sharon Dawson Coates has her knee examined by Dr. Narang at University of Chicago Medicine Urgent Care Clinic in Chicago, June 28, 2012. REUTERS/Jim Young

Patient Sharon Dawson Coates has her knee examined by Dr. Narang at University of Chicago Medicine Urgent Care Clinic in Chicago, June 28, 2012.


Credit: Reuters/Jim Young






NEW YORK | Sat Sep 21, 2013 3:12pm EDT



NEW YORK (Reuters) – U.S. State officials behind the launch of President Barack Obama’s healthcare reform on October 1 say they could weather a federal government shutdown, though the scenario would add new pressure to the political attacks and technical issues that have weighed on the program’s introduction.


Several officials running new state-based insurance exchanges that are due to open for enrollment next month said they expected to have access to funds in the case of a shutdown, which if it happens, would also start on October 1, the beginning of the fiscal year.


But they were unsure of the consequences for the federal agencies they work with, in part because they have not been briefed by the Centers for Medicare & Medicaid Services (CMS), the agency taking the lead in implementing the reform law.


The exchanges are key to the success of “Obamacare,” as they aim to help millions of uninsured Americans receive benefits by providing government subsidies to buy insurance.


Officials involved in building the online marketplaces have already warned of technical bumps and glitches in the first few weeks after they go live, contributing to a slow start to enrollment.


Independent experts believe that “the effects of a government shutdown on the implementation of the ACA (Affordable Care Act) are likely to be pretty small,” said Paul Van de Water, a policy analyst at the Center on Budget and Policy Priorities, a Washington-based non-profit think tank.


The main reason, he said, is that the money flowing to the 16 states and the nation’s capital that are running their own ACA exchange is what’s called a “permanent appropriation,” enshrined in the 2010 healthcare reform law. Because the funds are not subject to annual appropriations, they will continue to be available to states that need to pay employees and contractors and buy equipment and supplies.


What is even less clear is the ability of the U.S. Department of Health and Human Services to operate a federal data “hub” that underpins both the state-run exchanges and the 34 state exchanges that fall under the purview of the administration.


The possibility of a federal government shutdown became more likely late last week, when congressional Republicans voted to fund the government but not the implementation of Obama’s healthcare law.


The Democrat-controlled Senate is unlikely to go along. If the two chambers cannot agree on a spending bill by September 30, it will trigger a government shutdown the next day.


Previous shutdowns, as well as a memo issued by the White House Office of Management and Budget (OMB) last week, shed some light on how another one would affect the rollout of the ACA.


OMB told federal agencies that they could continue to run “entitlement programs, such as social security benefits, for which an indefinite appropriation provides the funding.”


During the longest government shutdown, from December 16, 1995, to January6, 1996, similar procedure allowed almost all employees of the Social Security Administration to continue working (and get paid), because Social Security “is a permanent program” that does not require annual appropriations from Congress to operate, said Van de Water.


The benefits established under the healthcare reform law, including federal subsidies to help people pay insurance premiums, “are also entitlements provided in permanent law,” he said. “Under the OMB memo it seems highly likely that CMS would conclude that the people necessary to carry out the ACA could continue to work.”


Federal employees working on Obamacare could therefore keep reporting to their desks even if they are not deemed “essential.” OMB defines essential employees as those “providing for the national security,” which means the military continues to operate during a government shutdown, or “the safety of life and property,” which means people such as meat inspectors, FBI agents and federal prison guards remain on the job.


CMS referred questions about who would work and what ACA-related functions would be affected by a shutdown to OMB. In a statement, OMB spokesman Steven Posner said “agencies are still in the process of reviewing relevant legal requirements and updating their plans. Determinations about specific programs are being actively reviewed as agencies undertake this process.”


KEEPING THE HUB OPEN


Another key question concerns how a shutdown would affect Obamacare’s core information technology (IT) component, called the federal data services hub.


The hub funnels personal information, such as income, from databases at the Internal Revenue Service, other federal agencies and private data companies back to the state exchanges, indicating whether someone is eligible for federal subsidies to purchase health insurance.


“I have not been provided any information from CMS on whether the hub would operate” in the event of a government shutdown, said Rocky King, executive director of Cover Oregon, that state’s Obamacare marketplace.


That will depend on how CMS interprets OMB’s directive in two areas: contractors and information technology.


Contractors led by CGI Group Inc and Quality Software Services Inc have built and will operate much of the information technology (IT) underpinning the exchanges. Even if the data hub is allowed to operate during a government shutdown, “it needs continuous maintenance,” said Michael Marchand, spokesman for Washington Health Plan Finder, that state’s ACA marketplace.


OMB says that a contractor “may continue to proceed with its work” during a shutdown if the agency it’s working for “already obligated funds representing the entire price under a contract” before the shutdown.


“This seems to say that if there is an issued contract, the contractors can keep working,” said Van de Water.


CMS declined to say whether the IT contracts for Obamacare meet that criterion.


IT operations are allowed to continue only under limited circumstances, according to the OMB memo. One circumstance is if “their continuation is necessarily implied from a congressional authorization or appropriation of other continued functions.”


States running their own Obamacare exchanges are also uncertain about whether their own employees will get paid in the event of a shutdown, and whether they will have access to the federal grants that support their operations. The ambiguity stems from the fact that the grants, totaling tens and even hundreds of millions of dollars, did not come in the form of a lump payment deposited in a state’s bank account.


“These are draw-down grants so the money is not in our bank,” said Oregon’s King, referring to a system in which the federal government deposits funds in accounts that states draw from as expenses are incurred. “No information has been shared with me that we would be prevented from continuing that draw-down, but I just don’t know.”


Kevin Counihan, chief of Connecticut’s Access Health CT exchange, said he should have enough money to operate for about four months in the event of a shutdown. Should the federal data hub not be operational, the state could still accept applications, he said. Officials in Colorado also said their exchange would function, but the state would have to make adjustments if the shutdown was prolonged.


Federal payments to subsidize insurance for eligible buyers – those with incomes less than four times the federal poverty level, or $ 62,040 for a couple – would not be in jeopardy because they are due just before coverage begins, not when someone enrolls. Anyone buying health insurance by December 15, 2013, is covered as of January 1, 2014.


(Reporting by Sharon Begley and Lewis Krauskopf; Editing by Michele Gershberg and Sandra Maler)






Reuters: Politics



Even in a U.S. government shutdown, Obamacare exchanges could function