Fire Sweeps Through Nightclub in Brazil; Scores Dead

Germano Rorato/Agencia RBS, via European Pressphoto Agency

A victim was carried from the scene of the nightclub fire in Santa Maria, Brazil.

RIO DE JANEIRO — A fire ignited by a flare from a band’s pyrotechnic spectacle swept through a nightclub filled with hundreds of university students early on Sunday morning in Santa Maria, a city in southern Brazil, killing at least 232 people, police officials said.

Health workers hauled bodies from the club, called Kiss, to hospitals in Santa Maria throughout Sunday morning. Some of the survivors were taken to the nearby city of Porto Alegre to be treated for burns. Valdeci Oliveira, a local legislator, said he saw piles of bodies in the nightclub’s bathrooms.

Col. Guido Pedroso de Melo, the commander of the city’s Fire Department, said security guards had locked exits, which intensified the panic as people in the club stampeded to the doors. One police investigator at the club, Elizabeth Shimomura, told a television news channel, “It is a scene of horror.”

Survivors described a scene of mayhem as patrons rushed for the main exit. “I only got out because I am strong,” Ezequiel Corte Real, 23, told reporters. He said he helped others escape the blaze.

The disaster in Santa Maria, which is in the relatively prosperous state of Rio Grande do Sul, shocked the country. President Dilma Rousseff canceled appointments at a summit meeting in Chile to travel to Santa Maria, a city of about 260,000 residents that is known for its cluster of universities.

The disaster ranks among the deadliest of nightclub fires, comparable to the 2003 blaze in Rhode Island that killed 100 people, one in 2004 in Buenos Aires in which 194 were killed, and a fire at a club in China in 2000 in which 309 people died.

The circumstances surrounding the blaze, including the use of pyrotechnics and the reports of the locked exits, are expected to raise questions about whether the club’s owners had been negligent. While it is not clear why patrons were initially not allowed to escape, it is common across Brazil for nightclubs and bars to have customers to pay their entire tab upon leaving, instead of on a per-drink basis.

More broadly, the blaze may focus attention on issues of accountability in Brazil and point to the relaxed enforcement of measures aimed at protecting citizens in an economy that is on solid footing. Preventable disasters still commonly claim lives in Brazil, as illustrated by Rio de Janeiro’s building collapses, manhole explosions and trolley mishaps.

“Bureaucracy and corruption also cause tragedies,” said Andre Barcinski, a columnist for Folha de São Paulo, one of Brazil’s largest newspapers.

Some of the survivors pointed to a heated argument over who was responsible. “Only after a multitude pushed down the security guards did they see the crap they had done,” Murilo de Toledo Tiecher, 26, a medical student who survived the fire, said in comments posted on Facebook.

Witnesses said the fire started about 2 a.m. after a rock band, Gurizada Fandangueira, began performing for an audience made up mostly of students in the agronomy and veterinary medicine programs at a local university.

At least one member of the five-person band, which is based in Santa Maria and had advertised its use of pyrotechnics, was said to have been killed. Many of the victims died of smoke inhalation, officials said.

“The smoke spread very quickly,” Aline Santos Silva, 29, one of the survivors, said in comments to the Globo News television network. “Those who were closest to the stage where the band was playing had the most difficulty getting out.”

Human rights officials focused Sunday on the grief in Santa Maria. “How many families are now searching for their young one?” asked Maria do Rosário Nunes, a cabinet minister who is Ms. Rousseff’s top human rights official.

Brazilian television stations broadcast images of trucks carrying corpses to hospitals where family members were gathering. Photographs taken shortly after the blaze and posted on the Web sites of local news organizations showed frantic scenes in which people on the street outside the nightclub pulled bodies from the charred debris.

The tragedy took place in a region of Brazil where Ms. Rousseff began her political career before rising to national prominence as a top aide to the former president, Luiz Inácio Lula da Silva, and running for president herself. Before leaving the summit in Chile, she appeared distraught, crying in front of reporters as she absorbed details of the blaze.

“This is a tragedy,” she said, “for all of us.”

Jill Langlois contributed reporting from São Paulo, Brazil.

This article has been revised to reflect the following correction:

Correction: January 27, 2013

A picture of a hallway strewn with shoes that accompanied a previous version of this online article was used in error. It showed the aftermath of a fire in Buenos Aires in 2004, not Saturday night’s fire in Santa Maria, Brazil.

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Smartphone 4Q sales rise 36 pct led by Samsung

SAN FRANCISCO (AP) — Smartphone shipments rose 36 percent worldwide in the fourth quarter as the sleek devices supplanted personal computers and other gadgets on holiday shopping lists, according to a report released Friday.

The findings from the research firm International Data Corp. are the latest sign of the technology upheaval being wrought by the growing popularity of smartphones that can perform a wide variety of tasks, including surfing the Web and taking high-quality photos.

Companies whose fortunes are tied to the PC industry have been particularly hard hit by the shift to smartphones and tablet computers.

While some smartphone models were in short supply during the holiday season, fourth-quarter PC shipments fell by 6 percent from the previous year, according to another IDC report released earlier this month.

IDC estimates 219 million smartphones were shipped during the final three months of last year. That compares with nearly 161 million in the same 2011 period. Smartphones accounted for about 45 percent of all mobile phone shipments in the fourth quarter, the highest percentage recorded by IDC.

Samsung Electronics Co. retained its bragging rights as the smartphone leader, shipping nearly 64 million devices for a 29 percent share of the global market.

Apple Inc. ranked second with nearly 48 million iPhones shipped during the fourth quarter, translating into a market share of 22 percent.

For all of 2012, IDC estimated nearly 713 million smartphones were shipped worldwide, a 44 percent increase from the previous year. Meanwhile, annual PC shipments fell 3 percent from 2011, IDC said. It was the first annual decline since 2001.

Entering 2012, Apple held a slight edge over Samsung in the smartphone market. But Samsung sprinted past Apple during the year as it introduced an array of models, most of which run on Google Inc.‘s free Android software. Samsung’s top-selling line, the Galaxy, boasts larger display screens than the iPhone and other features.

Apple alleges Samsung’s devices illegally ripped off the iPhone’s innovations. After a high-profile trial in federal court, a jury in San Jose, Calif. sided with some of the patent infringement claims last August and decided Samsung should pay more than $ 1 billion in damages. Samsung has been trying to overturn the verdict.

Lower-priced smartphones from Samsung and other device makers also have hurt Apple, whose slowing iPhone growth has contributed to a $ 250 billion decline in its market value since its stock price peaked in late September.

IDC says Huawei Technologies Ltd.‘s emphasis on less expensive handsets helped it become the third largest smartphone maker with a market share of 5 percent at the end of the fourth quarter.

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Ashton Kutcher Parties in Sundance After jOBS Premiere

Caught in the Act

01/26/2013 at 01:50 PM EST

Ashton Kutcher's much-hyped movie jOBS premiered at the Sundance Film Festival on Friday, and the star was on hand – minus girlfriend Mila Kunis – for all the festivities.

Kutcher was one of the first to arrive at the official after party, hosted by Nur Khan Presents NK on Main Street for the cast and filmmakers and sponsored by Red Touch Media.

Kutcher was captivated by a floor-to-ceiling portrait of late Apple visionary Steve Jobs, whom Kutcher portrays in the film. Guests were quick to snap a photo of the actor admiring the subject of his role.

Without Kunis by his side, Kutcher very much remained a one-man guy, focusing his attention all night on his table of male friends and colleagues and posing for pictures with fans, according to an observer. The pride he takes in jOBS was palpable, as Kutcher was incredibly excited to chat about his film and role with all the guests who came up to greet him.

Co-star Ahna O'Reilly spent the evening in a very social mood, dancing to the beats of DJ Cash and catching up with co-star Josh Gad. Not to live down his "funny man" persona, Gad went into the evening entertaining all the guests and causing an uproar of laughter with Kutcher and O'Reilly while catching up about filming and their time at Sundance.


– Jennifer Garcia

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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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Wall Street Week Ahead: Bears hibernate as stocks near record highs

NEW YORK (Reuters) - Stocks have been on a tear in January, moving major indexes within striking distance of all-time highs. The bearish case is a difficult one to make right now.

Earnings have exceeded expectations, the housing and labor markets have strengthened, lawmakers in Washington no longer seem to be the roadblock that they were for most of 2012, and money has returned to stock funds again.

The Standard & Poor's 500 Index <.spx> has gained 5.4 percent this year and closed above 1,500 - climbing to the spot where Wall Street strategists expected it to be by mid-year. The Dow Jones industrial average <.dji> is 2.2 percent away from all-time highs reached in October 2007. The Dow ended Friday's session at 13,895.98, its highest close since October 31, 2007.

The S&P has risen for four straight weeks and eight consecutive sessions, the longest streak of days since 2004. On Friday, the benchmark S&P 500 ended at 1,502.96 - its first close above 1,500 in more than five years.

"Once we break above a resistance level at 1,510, we dramatically increase the probability that we break the highs of 2007," said Walter Zimmermann, technical analyst at United-ICAP, in Jersey City, New Jersey. "That may be the start of a rise that could take equities near 1,800 within the next few years."

The most recent Reuters poll of Wall Street strategists estimated the benchmark index would rise to 1,550 by year-end, a target that is 3.1 percent away from current levels. That would put the S&P 500 a stone's throw from the index's all-time intraday high of 1,576.09 reached on October 11, 2007.

The new year has brought a sharp increase in flows into U.S. equity mutual funds, and that has helped stocks rack up four straight weeks of gains, with strength in big- and small-caps alike.

That's not to say there aren't concerns. Economic growth has been steady, but not as strong as many had hoped. The household unemployment rate remains high at 7.8 percent. And more than 75 percent of the stocks in the S&P 500 are above their 26-week highs, suggesting the buying has come too far, too fast.

MUTUAL FUND INVESTORS COME BACK

All 10 S&P 500 industry sectors are higher in 2013, in part because of new money flowing into equity funds. Investors in U.S.-based funds committed $3.66 billion to stock mutual funds in the latest week, the third straight week of big gains for the funds, data from Thomson Reuters' Lipper service showed on Thursday.

Energy shares <.5sp10> lead the way with a gain of 6.6 percent, followed by industrials <.5sp20>, up 6.3 percent. Telecom <.5sp50>, a defensive play that underperforms in periods of growth, is the weakest sector - up 0.1 percent for the year.

More than 350 stocks hit new highs on Friday alone on the New York Stock Exchange. The Dow Jones Transportation Average <.djt> recently climbed to an all-time high, with stocks in this sector and other economic bellwethers posting strong gains almost daily.

"If you peel back the onion a little bit, you start to look at companies like Precision Castparts , Honeywell , 3M Co and Illinois Tool Works - these are big, broad-based industrial companies in the U.S. and they are all hitting new highs, and doing very well. That is the real story," said Mike Binger, portfolio manager at Gradient Investments, in Shoreview, Minnesota.

The gains have run across asset sizes as well. The S&P small-cap index <.spcy> has jumped 6.7 percent and the S&P mid-cap index <.mid> has shot up 7.5 percent so far this year.

Exchange-traded funds have seen year-to-date inflows of $15.6 billion, with fairly even flows across the small-, mid- and large-cap categories, according to Nicholas Colas, chief market strategist at the ConvergEx Group, in New York.

"Investors aren't really differentiating among asset sizes. They just want broad equity exposure," Colas said.

The market has shown resilience to weak news. On Thursday, the S&P 500 held steady despite a 12 percent slide in shares of Apple after the iPhone and iPad maker's results. The tech giant is heavily weighted in both the S&P 500 and Nasdaq 100 <.ndx> and in the past, its drop has suffocated stocks' broader gains.

JOBS DATA MAY TEST THE RALLY

In the last few days, the ratio of stocks hitting new highs versus those hitting new lows on a daily basis has started to diminish - a potential sign that the rally is narrowing to fewer names - and could be running out of gas.

Investors have also cited sentiment surveys that indicate high levels of bullishness among newsletter writers, a contrarian indicator, and momentum indicators are starting to also suggest the rally has perhaps come too far.

The market's resilience could be tested next week with Friday's release of the January non-farm payrolls report. About 155,000 jobs are seen being added in the month and the unemployment rate is expected to hold steady at 7.8 percent.

"Staying over 1,500 sends up a flag of profit taking," said Jerry Harris, president of asset management at Sterne Agee, in Birmingham, Alabama. "Since recent jobless claims have made us optimistic on payrolls, if that doesn't come through, it will be a real risk to the rally."

A number of marquee names will report earnings next week, including bellwether companies such as Caterpillar Inc , Amazon.com Inc , Ford Motor Co and Pfizer Inc .

On a historic basis, valuations remain relatively low - the S&P 500's current price-to-earnings ratio sits at 15.66, which is just a tad above the historic level of 15.

Worries about the U.S. stock market's recent strength do not mean the market is in a bubble. Investors clearly don't feel that way at the moment.

"We're seeing more interest in equities overall, and a lot of flows from bonds into stocks," said Paul Zemsky, who helps oversee $445 billion as the New York-based head of asset allocation at ING Investment Management. "We've been increasing our exposure to risky assets."

For the week, the Dow climbed 1.8 percent, the S&P 500 rose 1.1 percent and the Nasdaq advanced 0.5 percent.

(Reporting by Ryan Vlastelica; Additional reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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Factory Fire Kills 7 Workers in Bangladesh

A.M. Ahad/Associated Press

Firefighters and volunteers worked to extinguish the fire at a small garment factory in Bangladesh’s capital on Saturday.

DHAKA, Bangladesh — In the latest blow to Bangladesh’s garment industry, seven workers died on Saturday after a fire swept through a factory here not long after seamstresses had returned from a lunch break. Workers said supervisors had locked one of the factory exits, forcing some people to jump out of windows to save their lives.

The fatal fire comes roughly two months after the horrific blaze at the Tazreen Fashions factory, which left 112 workers dead and focused global attention on unsafe conditions in Bangladesh’s garment industry. Tazreen Fashions, located just outside Dhaka, the capital, had been making clothing for some of the world’s biggest brands and retailers, including Walmart.

In the aftermath of the Tazreen Fashions fire, Bangladeshi political and industrial leaders pledged to quickly improve fire safety and even conducted high-profile, nationwide inspections of many of the country’s 5,000 apparel factories. Global brands, meanwhile, promised consumers that they would not buy clothes from unsafe factories.

But Saturday’s fire in a densely populated section of Dhaka, is a grim reminder that the problems remain. The blaze erupted at about 2 p.m. at Smart Garment Export, a small factory that employed about 300 people, most of them young women who were making sweaters and jackets. All seven of the dead workers were women.

Masudur Rahman Akand, a supervisor in the Bangladesh Fire Department, said workers were returning from lunch when the blaze erupted in a storage area. The factory was located on the second-floor of a building, above a bakery, and it lacked proper exits and fire prevention equipment, Mr. Akand said.

“We did not find fire extinguishers,” he said. “We did not find any safety measures.”

With smoke filling the factory floor, workers apparently panicked. Mr. Akand said the seven workers who died either suffocated or were trampled by others trying to escape. Eight other workers were hospitalized with injuries. Workers told rescuers that many people could not quickly escape because one of the exits was blocked by a locked steel gate. Witnesses said people began jumping out of windows before the gate was finally unlocked.

Azizul Hoque, a police supervisor, said investigators initially suspected that the fire was caused by an electrical short circuit in a room where fabrics and materials were being stored. But Mr. Hoque said the investigation was continuing.

“We do not know the reason or the source or the origin of the fire,” he said.

It was unclear whether the Smart Garment factory was making clothing for international brands or retailers. Dhaka’s industrial areas are filled with factories, large and small, that produce clothing for much of the Western world. Bangladesh is now the world’s second-biggest exporter of apparel, trailing only China.

An American delegation with four members of Congress arrived in Dhaka on Saturday to meet with political leaders and garment industry executives for a discussion of trade issues, including efforts by Bangladesh to win tariff-free access to the American market for the country’s clothing exports.

Julfikar Ali Manik reported from Dhaka, and Jim Yardley from New Delhi.

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Yandex says new mobile app is blocked by Facebook

MOSCOW (Reuters) – Russian internet company Yandex said on Friday its new experimental application to search on social networking sites from mobile devices was blocked by Facebook.

The Wonder app is a recommendation tool for devices using Apple’s iOS software that allows U.S. users of social networks to retrieve information from these sites by voice or by typing questions.

The application was released late on Thursday for users of Facebook, Instagram, Foursquare and Twitter but was blocked by Facebook three hours after the launch, a Yandex spokesman said.

He added that talks between Yandex and Facebook, aimed to establish the reason of the issue and resolve it, were to begin within hours. He gave no reason for the problem.

Facebook was not available for comment.

With the new app, Yandex wants to test the opportunities offered by social networks. If successful, the company will consider offering it to users in Russia and Turkey, he said.

Shares in Yandex, Russia’s most popular search engine, gained 0.8 percent in early trade on Friday.

(Reporting by Maria Kiselyova; Editing by Mike Nesbit)

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Screen Actors Guild Menu Focuses on Fresh, Local Food

By Marla Lehner

01/25/2013 at 04:35 PM EST

How do you satisfy Hollywood's biggest stars – people with discerning palates, often strict diets and tight dresses?

That is the task before Los Angeles-based celebrity chef Suzanne Goin, who will cook up a seasonal, tasty meal for the A-listers attending Sunday's Screen Actors Guild Awards in Los Angeles.

"The challenge in this case is having that one plate that has three different dishes on it that need to all really work together," says Goin, who previewed the SAG Awards menu last week at her West Hollywood restaurant Lucques. "How do I do that? I use the produce and vegetables that are the most beautiful."

And Goin also keeps the occasion firmly in mind. "I want the plate to be festive and have a party feeling to it the way the awards actually do," adds the chef, who uses all seasonal and local ingredients from farmers she works with all year round. "These awards really feel like a party."

The calorie-conscious menu gives guests two choices. The vegetarian option includes a plate with a salad of beets, blood oranges, feta cheese and black olives; a serving of curried cauliflower, couscous and pomegranate salsa; and a hearty salad of farro with kale, young broccoli, currants and pine nuts.

The non-veggie plate includes melt-in-your-mouth slow roasted salmon with green rice and edible flowers; sliced beef tenderloin with horseradish cream; and the same tangy salad of beets and blood oranges.

Goin, who describes herself as nervous by nature when it comes to cooking for such a high-profile event, says the toughest part is the last 48 hours before the event. Because everything is made fresh, she and her staff "can't really cook until the last minute," she says. "The end is a real push and a crunch. ... But when you're done, it's the happiest moment."

Salad of beets, blood oranges, feta cheese and black olives; a serving of curried cauliflower, couscous and pomegranate salsa; and a salad of farro with kale, young broccoli, currants and pine nuts.

John Sciulli / Getty

Roasted Beets & Blood Oranges with Feta and Black Olives

Ingredients
• 3 bunches of small to medium beets
• ¾ cup extra virgin olive oil
• 5 large blood oranges
• 2 tbsp. finely diced shallots
• 1 tsp. red wine vinegar
• 1 tbsp. lemon juice
• ½ cup Nyons olives of other strong-tasting oil-cured black olives, pitted
• 2 oz. arugula
• ¼ pound feta cheese
• Kosher salt and freshly ground pepper to taste

Directions
1. Preheat oven to 450
2. Cut the greens off beets, leaving about ½-inch of the stem still attached. Clean the beets well and toss them with 2 tablespoons of olive oil and 1 teaspoon of salt. Place the beets in a roasting pan with a splash of water in the bottom. Cover the pan tightly with foil and roast the beats about 40 minutes or until they're tender when pierced. When they're done, carefully remove the foil. Let cool and peel the beets by slipping off the skins with your fingers. Slice the beets into wedges and place in a large bowl.
3. Slice the stem and ends off four of the blood oranges. Stand them on one end and, following the contour of the fruit with your knife, remove the peel and white cottony pith. Work from the top and bottom, rotating the fruit as you go. Slice each orange thinly into 8 to 10 pinwheels.
4. Squeeze juice from remaining blood orange and reserve a ¼ cup for the vinaigrette.
5. Combine the diced shallot, vinegar, lemon juice, ¼ cup blood orange juice and ½ teaspoon salt in a small bowl, and let it sit 5 minutes. Whisk in remaining ½ cup olive oil and taste for seasoning.
6. Toss the beats with ¾ of the vinaigrette and a sprinkling of salt and pepper. Taste for seasoning. Gently toss in the olives and arugula.
7. Arrange half the salad on a platter. Tuck half the blood oranges in and around the beets and scatter half of the feta on top. Place the rest of the salad on top and nestle the remaining blood oranges into the salad and sprinkle the remaining feta on top.

Sliced beef tenderloin with horseradish cream; slow roasted salmon with green rice and edible flowers; a salad of beets and blood oranges

John Sciulli / Getty

Beef Tenderloin with Fingerlings, Arugula and Horseradish Cream

Ingredients
• 4 lb. center-cut beef tenderloin, trimmed
• 2 tsp. cracked black pepper
• 1 Tbsp. rosemary leaves, plus 3 springs
• 1 Tbsp. thyme leaves, plus 6 springs
• 2 Tbsp. extra virgin olive oil
• 3 Tbsp. unsalted butter, sliced
• 2 oz. arugula
• Roasted fingerling potatoes (recipe follows)
• Horseradish cream (recipe follows)

Directions
1. Marinate the beef overnight with the black pepper, thyme leaves and rosemary.
2. Remove the meat from the refrigerator 1 hour before cooking. After 30 minutes, season the beef generously with kosher salt.
3. Preheat the oven to 300 degrees.
4. Heat a large cast iron or other heavy pan over high heat for 4 minutes. Drizzle 2 tablespoons of olive oil in the pan and place the beef in the pan. Sear until well browned and caramelized on all sides. Transfer to a rack set in a roasting pan and top with the sliced butter and the springs of thyme and rosemary. Place in the oven and cook about 50 minutes until the center reads 125 degrees on a meet thermometer.
5. Baste with the buttery-herby juices and let rest at least 12 minutes.
6. Slice into ½-inch thick pieces and serve with the fingerling potatoes, a few arugula leaves and a dollop of the horseradish cream on top.

For the roasted fingerling potatoes
• 1 lb. fingerling potatoes
• 3 Tbsp. extra virgin olive oil
• 3 cloves garlic, unpeeled and smashed
• 4 springs thyme
• 1 Tbsp. rosemary leaves

Directions
1. Preheat over to 450 degrees.
2. Toss the potatoes with the olive oil, garlic, thyme, rosemary and 1 teaspoon of kosher salt. Place in a roasting pan, cover with aluminum foil and roast for about 40 minutes until tender

For the horseradish sauce
• ¾ cup créme fraiche
• 1 Tbsp. prepared horseradish
• Kosher salt and black pepper

Directions
Combine the créme fraiche and horseradish in a small bowl. Season with ¼ teaspoon of salt and pepper. Taste for balance and seasoning.

The 19th Annual Screen Actors Guild Awards will air live on TNT and TBS on Sunday, Jan. 27, at 8 p.m. ET (5 p.m. PT) from the Shrine Auditorium in Los Angeles.

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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."

___

Online:

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

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S&P 500 vaults 1,500 as earnings cheer Wall Street

NEW YORK (Reuters) - The S&P 500 index on Friday closed above 1,500 for the first time in more than five years 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 market was able to move forward despite deterioration in Apple and that's also a positive."

The Dow Jones industrial average <.dji> rose 70.65 points or 0.51 percent, to 13,895.98, the S&P 500 <.spx> gained 8.14 points or 0.54 percent, to 1,502.96 and the Nasdaq Composite <.ixic> added 19.33 points or 0.62 percent, to 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 .

Adding to the bullish tone, 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 climbed 1.1 percent and the Nasdaq rose 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 Thursday after it announced a surprise 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, 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 6.2 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 and on Nasdaq five rose for every four decliners.

(Reporting by Rodrigo Campos; Editing by Kenneth Barry)

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