Categories
National State

Repeal vs Lawsuit vs Nullification


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photo credit: Smabs Sputzer

Ever since the passage of that rancid piece of legislative sausage labeled health care reform Republicans have been talking about repealing the bill. Some even talk about “repeal and replace” as their goal. Alongside that rhetoric (and that’s pretty much all it is at this point) there has been the action taken by the Attorneys General of many states to file suit against the constitutionality of the bill. My purpose here is not to discuss the issue of health care reform; rather, it is to talk about the differences between these two legal paths out of this reform as well as another path which is fundamentally different—nullification—which thus far has not been actively pursued by most opponents of the bill.

Categories
National

Harry Reid the Insomniac


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“Senator” Reid must suffer from insomnia to schedule a vote at 1:00 AM on a Monday to torture his fellow members of the Senate as they vote on a bill to torture their constituents throughout America. That is how Harry Reid fits the definition of “insomniac” as a noun.

The definition of “insomniac” as an adjective also fits because his actions will cause a lot of sleepless nights among people who previously believed they had some freedoms left in this country. Even more dangerously, every lawyer and CEO in the health care industry will undoubtedly suffer from insomnia as they try to figure out how to profit from the 2700 page bill that has not even been released online yet as far as I can find (I can only see the “original” 2074 page version of the bill).

I understand the urgency of meeting an artificial deadline on Christmas day for a bill that won’t take effect for another 4 years but I wonder why this could not have waited another 6 or 8 hours until a decent time for a vote. I’m always distrustful of a fast moving legislative body but more than any other rushed vote this move is reminiscent of some other midnight political proceedings that were driven by a desire for power.

Categories
National

No Public Option, No Mandate


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Over at Fire Dog Lake, Jon Walker challenges those with the “we can fix it later” mentality (which may or may not include enough senators to pass this bill) to hold the individual mandate out of the bill as a hostage to ensure that Congress will have leverage to come back and replace all the things they have compromised away in this bill already.

Progressives should make the rallying cry of “no public option, no mandate” an unmovable demand, now and in the future. Progressives in Congress should refuse to support the individual mandate until it is accompanied by the government guarantee of a decent, cost-effective public health insurance option.

To me that sounds like killing two birds with one stone – we could get a bill without a public option as the Republicans have worked so hard to remove already and we could get a bill without an individual mandate which is the most serious infraction contained in the bill (more serious than the public option ever was).

I would be perfectly content, if the bill passes now without either of those provisions, to never come back and “fix the bill” (at least the way he is thinking of it). But I’d rather gain a temporary victory against the individual mandate and have to come fight against it again in the future, than have the individual mandate pass and face the prospect of having to try and reverse it later.

Categories
culture National

Medical Cultures


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[quote]I have called David Goldhill’s How American Health Care Killed My Father a must-read for anyone who wants to speak up in the health care debate. The New Yorker also has a must-read article on the issue called The Cost Conundrum. In that article we are introduced to the town of McAllen, Texas where Medicare spends much higher than average amounts per capita than the national average ($15000 vs $8000) in an area with much lower than average per capita income($12000 vs $21500) and cost of living. Atul Gawande, himself an associate professor of surgery at Harvard Medical School, introduces us to the town and begins an attempt to discover why the costs of health care are so high in McAllen.

Are the people there less healthy? No, they have higher rates of some health conditions than average and lower rates than average of other conditions. Overall health fails to explain the cost differential.

Was the quality of health care being provided higher than average? While they were not lacking for available medical technology or facilities the quality of care was, once again, nothing unusual.

McAllen costs Medicare seven thousand dollars more per person each year than does the average city in America. But not, so far as one can tell, because it’s delivering better health care.

Gawande went to dinner with some McAllen doctors and showed them the data on health care costs in McAllen:

Some were dubious when I told them that McAllen was the country’s most expensive place for health care. I gave them the spending data from Medicare. In 1992, in the McAllen market, the average cost per Medicare enrollee was $4,891, almost exactly the national average. But since then, year after year, McAllen’s health costs have grown faster than any other market in the country, ultimately soaring by more than ten thousand dollars per person.

He then asked them why they thought the care was so costly there. One suggested the cost of malpractice insurance but then they admitted that since Texas had passed caps on malpractice lawsuits they had virtually no lawsuits to drive up the cost of care.

Finally a general surgeon among the dinner party declared that the issue in McAllen was overutilization.

Everyone agreed that something fundamental had changed since the days when health-care costs in McAllen were the same as those in El Paso and elsewhere. Yes, they had more technology. “But young doctors don’t think anymore,” the family physician said.

Anecdotal evidence and agreement is fine, but Gawande went in search of more concrete evidence.

To determine whether overuse of medical care was really the problem in McAllen, I turned to Jonathan Skinner, an economist at Dartmouth’s Institute for Health Policy and Clinical Practice . . . I also turned to two private firms—D2Hawkeye, an independent company, and Ingenix, UnitedHealthcare’s data-analysis company—to analyze commercial insurance data for McAllen. The answer was yes. Compared with patients in El Paso and nationwide, patients in McAllen got more of pretty much everything—more diagnostic testing, more hospital treatment, more surgery, more home care.

Having identified the cause of the high costs the search was on for an explanation of why there was so much overutilization. The answer was in the culture of the medical practitioners in McAllen – they were very profit oriented rather than results oriented. I believe the one place that Gawande’s article falls short is that he stopped with exploring the cultures among the medical community and failed to examine whether the general community culture in McAllen helped to foster that inefficient mindset among the medical practitioners in the area. I’m willing to bet that such a short-sighted culture in the medical community might not need encouragement from the local culture, but could not survive if the local culture were one that actively discouraged a similar outlook in the community at large.

Talking to a surgeon from McAllen, Gawande concludes that whether we have a public option, single payer, or private health insurance will not matter if the culture in McAllen continues to become more common as it has been doing.

In contrast to McAllen, Gawande explores the cultures in the Mayo Clinic and the Medical community of Grand Junction, Colorado and finds that both of these low-cost, high-quality health care systems took very different approaches to each arrive at “accountable-care {organizations} . . . {where} leading doctors and the hospital system adopted measures to blunt harmful financial incentives  {and} took collective responsibility for improving the sum total of patient care.” He also lists four other high-quality low-cost health care systems each of which has a culture of accountable care – the Geisinger Health System, the Marshfield Clinic, Intermountain Healthcare, and Kaiser Permanente.

Whatever approach Congress tries to take to reform our health care system they and the American people need to understand that we cannot successfully plant a Health Care tree. The only workable approach will be to plant Health Care seed and help it to grow into a health new health care system.

Categories
General

2074 Pages of Loopholes


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With Thanksgiving weekend behind us all politically interested people can look forward to the Senate opening work on the healthcare bill. According to Senate Majority Leader Harry Reid:

. . . senators {will} work on weekends if necessary to hammer out compromises on thorny issues like a government-run insurance plan, abortion coverage and holding down costs.

“The next few weeks will tell us a lot about whether senators are more committed to solving problems or creating them,” Reid said.

I make no pretense that I have abandoned my day job and any semblance of a life to read through the entire 2074 pages of H.R. 3590 but I have read through the entire 13 page index of the bill and looked up a number of sections that either looked interesting or concerning to me. Of course my first question is how will this affect my health insurance situation (that may give some insight into the 12 sections I reviewed). The real question in this debate is whether there will be anyone who takes the time in the coming weeks (according to the story linked above we may expect up to 3 weeks of debate) to read the entire bill and break down what it actually means for consumers and the nation – going beyond the party-line soundbites that we will no doubt be subjected to constantly through the media for as long as the debate lasts.

After reading through my chosen sections I found seven that were interesting enough for me to write about them. (For anyone who is curious, there are approximately 350 sections to the bill – 50 times what I am doing today.) I will review them in the order they appear in the bill.

Categories
State

Do the Utah Lake Bridge Right


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I agree with the sentiment in this Deseret News article that the environmental impacts of proposed Utah Lake bridge should be discussed.

{Sam} Rushforth has been studying at {Utah Lake} for 35 years and said there needs to be an Environmental Impact Study (EIS) conducted while the bridge over the lake is being considered.

Those who have read here long enough know that I am in favor of building a bridge over the lake and even if I weren’t I think it is inevitable in the long run. The argument that a bridge over the lake will bring more growth to Utah county is laughable – the growth is coming either way. One comment on the article says that a bridge is not necessary with the arrival of the new roads under construction through Lehi on the north end of the lake. Having lived in Lehi and worked on Main Street there I am absolutely convinced that no matter how much road they build there it will be congested very quickly with the ever increasing demand of the growing populations in the area – a bridge will make a significant impact on commute time.

Having said all of that, my support of building a bridge does not interfere with my belief that doing an EIS is absolutely imperative in order to do it right. I would consider such a study to be the very least in the way of due diligence on the part of those who want to build a bridge.

Since I no longer live in Utah County, I no longer have a vested interest in the outcome of this debate like I once did. I consider myself to be a relatively informed and now more objective observer and long term I am certain that the bridge, if it is done right, will be a benefit to Utah County residents and possibly to the lake itself. I urge all those who are actively discussing this issue to not rush their decisions – simply throwing up some steel girders and a wide slab of concrete would be a travesty but doing nothing or putting off bridge planning until it becomes truly critical would be foolhardy.

Start now.Take your time. Do it right.

Categories
General

Frying a Red Herring


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I wonder if our country would be in better shape if we spent more energy in a war on bad arguments rather than a war on terror  (or poverty, or drugs, . . . or prosperity). Just a thought.

As an example, we see the often repeated argument by abortion advocates that it is hypocritical to claim to be pro-life and simultaneously support capital punishment. This is a very nice red herring for them because there is a lot of overlap between those who oppose abortion and those who support capital punishment. The problem is that holding those positions simultaneously does not amount to hypocrisy. For those who care, here is a long, well-written explanation of how the two are perfectly compatible. For those who are in a hurry or in the middle of a debate where this argument is trotted out, here’s my short proof.

The founders recognized life, liberty, and (private) property, as human rights to be protected. It’s not really necessary, but for the sake of clarity let’s view these as a hierarchy of primary individual rights – life being the most important of the three and property as the least important of these inalienable rights. “Inalienable” means that they are “incapable of being alienated, surrendered, or transferred .”

Now, if we cannot surrender or transfer our right to property I would ask if property can ever be legitimately taken from our control? The answer is clearly “yes.” Taxes, fines, and restitution for wrongs committed by a person are all examples. If we cannot surrender or transfer our right to liberty, can liberty ever be legitimately taken from us? Once again, the answer is “yes.” Saunter on down to the nearest jail or prison and see that it has been taken from some. Note also that even in cases where a person is later proven innocent the state at times has a legitimate right to suspend liberty while determining the question of guilt. Finally, if we cannot surrender or transfer our right to life, can life ever be legitimately forfeit based on our actions (according to the best evidence available at the time)? I will stop short of answering in the affirmative because I recognize a lack of complete consensus on the question but I submit that the affirmative answers on both preceding questions is ample evidence of what I set out to prove – that simultaneously being pro-life and supporting capital punishment is insufficient evidence to convict someone of the sin of hypocrisy.

Case closed – pass the fish.

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Categories
General

Why Life Imprisonment is Wrong


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photo credit: BlatantNews.com

When I read Jay Hutchinson’s post about Why Capital Punishment is wrong I could not sit still without sharing the opposite perspective so that some people can recognize that the issue is not one sided or clear cut. I am not one who believes in excessive punishment and I would not argue that a justice system without an option for capital punishment is inappropriate, but the longer I live the more I recognize that I have never heard an argument against capital punishment that did not ring hollow on some level.

When Jay speaks of the “hypocrisy” of a government killing to prove that killing is bad he both makes a very poor argument and misses the point of capital punishment entirely. The shallowness of that argument is apparent when we recognize that government has a legitimate position of authority with regard to society and thus has some limited permissions not available to society as a whole. For his argument to work you would have to be able to argue that a father was being a hypocrite for making a rule that his child could not use matches when he uses matches to light the furnace when it goes out. Another example would be trying to argue that police departments are hypocritical for enforcing speed limits on the population while they and other emergency workers regularly exceed the speed limit in the course of their work. The use of capital punishment is not to show that killing is bad, it is meant as a consequence of certain actions as a way to demonstrate unacceptable behavior through the punishment and as a way to remove future threats to society. That certainly does not mean that capital punishment is the only way, or even necessarily the most desirable way to meet these goals, but it is not simply to show that killing is bad.

Of Jay’s three official arguments, two of them hinge on far from common occurrences – the change of heart and the wrongful conviction. That these are not true in the majority of cases does not mean that they are not legitimate concerns, but governing based on exceptions is a very dangerous practice. The fact is that most of the time the person convicted is the guilty party and of those convictions that are overturned a sizable number are overturned on technicalities, not necessarily because the defendant was innocent  – nothing we can do in our justice system will ever make it 100% accurate, but we do fairly well. Jay gives exactly one exceptional example of a change of heart while claiming that “people often have a change of heart on death row.” I’m not sure how we could determine “often” since no metric, including professions of innocence, can accurately draw a line between those who have a change of heart and those who don’t. Even if we could draw that line accurately part of a change of heart for those who are guilty is an acceptance of the consequences of their actions. If society has determined that death is the appropriate consequence for our actions then a real change of heart would include coming to terms with that punishment for our actions. (After all, just because Bernie Madoff changes his heart about defrauding millions of people out of billions of dollars and promises never to manage money again does not mean that he should not face the consequences of his previous actions.)

His third argument is not dependent on the exceptional case – the financial cost of capital punishment is almost universally higher than the financial cost of life imprisonment. Like governing based on exception however, governing based on financial considerations alone is dangerous. Besides that, there are things we can do to change the equation (considering that the vast majority of appeals result in no change of sentence one option would be to reduce the number of available appeals).

For those who are still convinced that capital punishment is just wrong please consider the alternative and see if we are not stuck between a rock and a hard place.

Categories
culture National

The Dangers of a Crisis Mentality


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photo credit: paparutzi

Soon after the election last year in the Wall Street Journal, Gerald Seib wrote about the  opportunity presented by the financial crisis for Barack Obama. Perhaps he was simply reacting to Rahm Emanuel’s statement that, “you never want a serious crisis to go to waste.” Seib summed up that perspective on crisis by saying that:

The thing about a crisis is that it creates a sense of urgency. Actions that once appeared optional suddenly seem essential.

That really captures the essence of a crisis mentality. Unfortunately it only looks at the silver lining while ignoring the cloud in front of it. The assumption is that we all can see the dangers of the crisis cloud. Unfortunately the only part of the crisis cloud that most people see is the front side – the possibility with any crisis that we will fail. The problem is that right in front of the silver lining he spoke of there is the hidden backside of the crisis cloud which we conveniently forget.

Because of the sense of urgency that tends to accompany a crisis we not only begin to view once optional courses of action as essential, in many cases we go beyond that and begin to view once forbidden courses of action as excusable.

Categories
culture National State

Senator Jim DeMint on Term Limits


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I started a discussion on term limits a couple of years ago on this site and between what I said then and what I have said on other sites I think my position on term limits is fairly clear – I believe that term limits generally produce benefits that far outweigh the drawbacks that opponents will cite. I think solid evidence of that is that not one state (out of 15) that has enacted a term limit law and had it start limiting terms has ever repealed their term limit law. (Six states did enact laws and then repeal them before they took effect – including Utah.) Coming from that position, I was happy to hear the announcement from Senator Jim DeMint that he plans to introduce a term limits amendment soon.

While I have some questions about some of the specifics of what he plans to propose like how he decided that three terms would be the appropriate limit for members of the House or how flexible he would be on the particular limits he is proposing, I found one statement that he made very insightful about the last time that term limits were seriously pursued by the political class.

Fifteen years ago, Republicans – who had been out of power in Congress for forty years – made term limits a centerpiece of their “Contract with America” agenda.

The term limits constitutional amendment ultimately failed, in part because so many new reform-minded congressmen imposed term limits on themselves. After six or eight years, these members voluntarily went home, leaving behind those Republicans and Democrats who fully intended to make a career inside the beltway.

The fact is, party doesn’t matter when it comes to reform. If you want to change the policies, you have to change the process.

He’s absolutely right that no significant reform will come in how Washington operates until we make structural changes that force it to operate differently. His comment that many of those who wanted to enact term limits voluntarily term-limited themselves – thus crippling the attempt by leaving it in the hands of those who had no interested in being term limited was insightful. I realized that anyone who wants to make such a change would have to take the attitude and make a pledge to stay in Washington as long as possible until they either got term limits enacted or else until they no longer believed that term limits were worth pursuing. Those who will impose their own limits independent of everybody else will limit their own comparative effectiveness by granting more power to those who do not believe in their ideals (specifically the ideal of having term limits).