Category Archives: regulation

Government regulations on insurance and medical care, e.g., mandated benefits, community rating, guaranteed issue, price controls, licensing

Texas town allows teachers to carry concealed guns

School security has been a popular topic since the murders at the Newtown CT elementary school.  The USA Today reports of one Texas school district that allows qualified teachers to be armed on campus:

Harrold’s school board voted unanimously in 2007 to allow employees to carry weapons. After obtaining a state concealed-weapons permit, each employee who wants to carry a weapon must be approved by the board based on his or her personality and reaction to a crisis, Thweatt said.

Employees also must undergo training in crisis intervention and hostage situations. And they must use bullets that minimize the risk of ricochet, similar to those carried by air marshals on planes.

Read the whole article: Texas town allows teachers to carry concealed guns.

Thanks to the commenter “Mel_M” at for bringing this to my attention.



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David Kopel: Guns, Mental Illness and Newtown

Independence Institute Research Director Dave Kopel in the Wall Street Journal, Dec. 17:

Has the rate of random mass shootings in the United States increased? Over the past 30 years, the answer is definitely yes. It is also true that the total U.S. homicide rate has fallen by over half since 1980, and the gun homicide rate has fallen along with it. Today, Americans are safer from violent crime, including gun homicide, than they have been at any time since the mid-1960s.

Mass shootings, defined as four or more fatalities, fluctuate from year to year, but over the past 30 years there has been no long-term increase or decrease. But “random” mass shootings, such as the horrific crimes last Friday in Newtown, Conn., have increased. …

People who are serious about preventing the next Newtown should embrace much greater funding for mental health, strong laws for civil commitment of the violently mentally ill—and stop kidding themselves that pretend gun-free zones will stop killers.

Read the whole article: David Kopel: Guns, Mental Illness and Newtown –


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ObamaCare’s ‘Essential Health Benefits’: Few States Implement, HHS ‘Is in Clear Violation of the Law’

Michael Cannon writes:

ObamaCare directs the Secretary of Health and Human Services to define the “essential health benefits” that all consumers in the individual and small-group health insurance markets must purchase. HHS Secretary Kathleen Sebelius kicked that decision to the states, giving them a deadline of this past Friday, September 30. Kaiser Health News reports that all of 16 states submitted an Essential Health Benefits (EHB) benchmark to HHS by the deadline.

But did Sebelius have the authority to kick this decision to states?

No. Cannon quotes  Pennsylvania Insurance Commissioner Michael Consedine:

HHS guidance appears to render the states’ ability to innovate and to make an independent choice illusory

Louisiana’s Secretary of Health and Hospitals Bruce Greenstein and Insurance Commissioner James Donelson school Sebelius:

The State of Louisiana will not permit the federal government to dictate to our residents a default benchmark plan, as the federal government, in its disregard of the requirements of the Administrative Procedure Act regarding essential health benefits and other provisions of the PPACA, has no authority to do so under federal or Louisiana law until regulations are published in the Federal Register, following established notice and comment procedure.

The process developed for defining the essential health benefit benchmark has been a completely new method of establishing law without proper rulemaking. Implementation of new policies without open and public comment and publication in the Federal Register is in clear violation of the law.

Read the whole post: ObamaCare’s ‘Essential Health Benefits’: Few States Implement, HHS ‘Is in Clear Violation of the Law’ | Cato @ Liberty.

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How Medical Licensing Laws Harm Patients and Trap Doctors

Paul Hsieh, MD writes:

Most organized medical societies including the AMA (American Medical Association) and my own state medical society support government licensing of physicians, on the grounds that it protects the public from incompetent practitioners. But as with all other forms of occupational licensing, medical licensing actually serves primarily to protect the practitioners at the expense of the public. Furthermore, the interaction between current licensing laws and upcoming ObamaCare laws will harm both patients and doctors in unanticipated ways.

Read more: PJ Media » How Medical Licensing Laws Harm Patients and Trap Doctors.

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In the needed time to comply with ObamaCare regulations each year, the Empire State Building could be constructed 11 times.

From Dave Camp, “ObamaCare — An Explosion of Regulatory Burdens,” House Committee on Ways and Means, September 11, 2012:

Based on IRS estimates approved by the Office of Information and Regulatory Affairs at the Office of Management and Budget, ObamaCare will take American job creators and families nearly 80 million hours to comply with.  Over half of that will fall on small businesses.

So, what can be done in 79,229,503 hours?

  • The Empire State building, which took 7 million man-hours to build, could be constructed 11 times.
  • The Curiosity Lander could travel from Earth to Mars 13,048 times.
  • Halley’s comet, seen from Earth once every 76 years, could be spotted 119 times.

Every hour and dollar spent complying with the Democrats’ health care law are time and resources being taken from growing a business, hiring new workers, or caring for patients.  To date, the Democrats’ health care law has resulted in IRS and Treasury issuing thousands of pages of new rules and regulations, including 40 notices, 17 regulations, 5 revenue procedures, 2 revenue rulings, and 14 Treasury decisions.  Sixteen IRS regulations implementing the health care law, found below, will require nearly 80 million man-hours per year according to the IRS.  Given the enormous impact the regulations will have on job creators, it is no wonder that a recent survey found that over 70 percent of small businesses cite the health care law as a major obstacle to job creation.

via the NCPA, ObamaCare — An Explosion of Regulatory Burdens.

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Obamacare outlaws half of all individual plans sold

Kenneth Artz, a freelance reporter for The Heartland Institute, writes:

Although President Obama promised that if you like your health care plan you can keep it, a new report shows more than half of all insurance plans for individuals in the United States won’t survive under his health care law.

According to the study from the Commonwealth Fund, published in Health Affairs and conducted by researchers at the University of Chicago and Towers Watson, more than half of the people who had individual health insurance in 2010 were enrolled in plans that won’t pass the new standards set up by Obama’s law.

Read more: Half of Individual Insurance Policies Eliminated By Obamacare | Heartlander Magazine.

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10 Ways Obamacare Limits Patient Choice

From the Heritage Foundation:

Americans should remember that higher taxes are not the only negative consequence of the law. Obamacare limits patient choice through expansive federal regulation of the insurance market, government interference in the decisions patients make with their doctors, and increased dependence on government health programs.

Obamacare limits patient choice either directly or indirectly in a variety of ways. Here are just 10 Obamacare provisions to be aware of.

Read the 10 ways: 10 Ways Obamacare Limits Patient Choice.

via NCPA

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