Why state regulation is better than federal regulation

In response to my condemnation of the insane requirement by Obamacare that restaurants and take-out pizza delivery services publicly post on their menus the calorie count for every item, including a calorie count for each of the literally thousands of topping variations for pizzas, regular reader Patrick Ritchie asked me, “What level of super market labeling would you support?”

I replied, “I think the federal government has no business requiring any labeling at all. This is a state matter, pure and simple, both for practical and Constitutional reasons.”

He responded, “Which practical reasons? I’m genuinely curious. What makes a state regulation inherently better than a federal one?”

My response to this last question was quite long, and after reading it Patrick suggested I elevate the comment into a full headlined post. I have decided to do so. Here is what I wrote, edited slightly for clarity:
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The requirement in Obamacare that restaurants list calories on their menus will cost billions.

Finding out what’s in it: The requirement in Obamacare that restaurants list calories on their menus will cost billions.

President Obama’s own Office of Management and Budget listed the menu display imposition as the third most burdensome statutory requirement enacted that year, forcing retail outlets to expend 14,536,183 work hours every year just to keep Uncle Sam happy. Instead of applying the menu rule just to restaurants, the Food and Drug Administration (FDA) decided on its own initiative to sweep certain convenience stores and pizza delivery storefronts under the calorie-count requirements. FDA bureaucrats are even micromanaging compliance, down to determining the sizes of fonts that can be used on menu signs.

This regulation does nothing to lower the cost of healthcare, and in fact increases costs in more ways than can be counted. Moreover, it is less than useless in improving the public’s health.

However, it does do a lot for federal bureaucrats, giving them more power over businesses and our lives. Hooray!

When you go for your annual physical — free under Obamace — the doctor cannot treat you for, or even answer questions about, any new ailments.

Finding out what’s in it: When you go for your annual physical — free under Obamace — the doctor cannot treat you for, or even answer questions about, any new ailments.

We are obligated by law to code specifically for the reason of the visit. An annual exam is one specific code; you can not mix this with another code, say, for rectal bleeding. This annual visit covers the exam and “discussion about the status of previously diagnosed stable conditions.” That’s the exact wording under that code — insurance will not cover any new ailment under that code. If you are here for that annual exam, you will not be covered if you want to discuss any new ailment or unstable condition. I cannot bait and switch to another code — that’s illegal. We, the physicians, are audited all the time and can lose our license for insurance fraud.

You, the patient, will then have to make a decision. Do you want your “free” yearly exam, or do you want to pay for a visit which is coded for a particular, new problem? You can have my “free” exam if you only discuss what Obamacare wants me to discuss.

In other words, this so-called “free annual physical” is a fraud. In fact, in order for it to be free, both the doctor and the patient have to purposely ignore any new problems that might have come up since the last physical. Or the doctor has to cheat and do work for which he will not be paid.

None of this should be surprising. You allow the government to stick its hands into everything you do, those hands are going to go places you never expected or would have permitted. Just ask anyone who has had to go through airport security.

A Pennsylvania college has cut the work hours of all instructors to avoid the costs of Obamacare.

It ain’t just restaurants: A Pennsylvania college has cut the work hours of all instructors to avoid the costs of Obamacare.

And we’ve only just begun. Under Obamacare the costs for employing anyone full time will be so high that soon most companies will realize they have no choice but to make as many of their staff part-timers as possible.

However, it is this quote, from one of the instructors who almost certainly voted for Obama, that makes me want to scream.

It’s kind of a double whammy for us because we are facing a legal requirement [under the new law] to get health care and if the college is reducing our hours, we don’t have the money to pay for it.

You’re a damn college professor and you didn’t have the brains to figure this out before the election?

Obamacare is still vulnerable.

Amen! Obamacare is still vulnerable.

One way or the other, this monstrosity is going to crash. Better that we keep fighting to kill it now rather then wait for it to do endless harm and then fail. And since a majority of state governors are Republican, they shouldn’t back down but keep up the fight. Moreover, despite Romney’s loss the election was still close and Obamacare remains deeply unpopular. There is plenty of support for killing it. The Republicans should not back down.

Bankruptcy

It appears that Barack Obama has won another four years in office. Despite what many consider to be one of the weakest and most incompetent presidencies in history, the American people have decided to stick with this man. Even worse, the Democrats look like they will gain seats in the Senate, even though it was the Democratic majority in that Senate that has refused to pass a budget — as required by law — for the last three years. For that dereliction of duty, the American people have decided to reward them with more power.

Overall, it appears that the polls that favored Democrats in their sampling were actually capturing the tone of the country. The public wants big government and a restriction in freedom. 2010 was a fluke, not a trend. I was wrong.

We are stuck with Obamacare. We are stuck with trillion dollar deficits. We are stuck with bankruptcy. I have little hope now for the near future. It will probably take fifty years or more to fix the problems that the past four years and the next four years will create.

This is not even a conservative perspective. No policy can survive, even good leftwing policy, when the government is bankrupt. And with trillion dollar deficits the new normal, we are guaranteed that the government will go bankrupt. And it will take everything else down with it.

Even worse, this willingness of the American public and its intellectual class to ignore this reality, to make believe that trillion dollar deficits don’t matter, suggests an intellectual bankruptcy that is even more appalling. For you can’t fix a problem if you refuse to face it.

The proposed IRS tax form every American will have to fill out when Obamacare goes into effect.

Finding out what’s in it: A proposed IRS tax form every American will have to fill out when Obamacare goes into effect.

This form is not from the IRS, but it is based on the actual law, and is I think a reasonably good facsimile of the kind of information the IRS will require when the individual mandate goes into effect and the IRS will have to determine whether you have health insurance or need to pay higher taxes because you don’t.

I especially like the section of the form that asks these questions:

  • Are you claiming a religious exemption from the individual responsibility mandate?
  • Are you an incarcerated criminal and therefore exempt from the personal mandate?
  • Are you an illegal immigrant and therefore exempt from the personal mandate?

All three exemptions exist, though the Obama administration has already made it clear that the first will only be available to actual religious organizations, and even there the exemption will be limited. However, if you are a criminal or illegal immigrant (also a lawbreaker) you are exempt from this law, though you receive all its benefits.

As I’ve said, Repeal this turkey! And vote out every idiot that supported it.

A new survey of 13,575 physicians had found that doctors are fleeing the field.

Finding out what’s in it: A new survey of 13,575 physicians had found that doctors are fleeing the field.

The survey also found that over the next one to three years, more than 50 percent of physicians will cut back on patients seen, work part-time, switch to concierge medicine, retire, or take other steps likely to reduce patient access.

But don’t worry, “If you like your doctor, you will be able to keep your doctor. Period.” Not!

To avoid the cost of Obamacare, companies are reducing their full time stuff and switching as many employees to part-time as possible.

Finding out what’s in it: To avoid the cost of Obamacare, companies are reducing their full time staff and switching as many employees to part-time as possible.

It is very simple. The regulatory cost of Obamacare is so high companies are doing anything they can to avoid it. It is for this reason that they stopped hiring almost the instant the law was passed, and are now scrambling to find other ways to survive outside its influence.

The Obama administration had declared that a company whose sole business is to publish Bibles is not religious enough for an exemption to the HHS contraceptive mandate.

The Obama administration had declared that a company whose sole business is to publish Bibles is not religious enough for an exemption to the HHS contraceptive mandate.

The company has of course gone to court. The mandate itself is odious and unconstitutional. It is not the business of the federal government to decide who is religious and who is not. Nor is it that government’s business to force behavior on anyone that they do not believe.

Why I spent $50 at a political fundraiser today

Jonathan Paton

Two days ago Ralph Kayser, head of the Tucson Tea Party, sent out an email announcing that the Republican Congressional candidate for my district, Jonathan Paton (pictured on the right), was going to hold a luncheon fundraiser today. Ralph wanted to know if anyone was interested in attending.

Normally, I detest giving money to politicians, from either party. I consider them to be the worst form of bloodsuckers. They don’t produce any wealth, cannot create jobs no matter how hard they try, add restrictions to our lives that squelch freedom, and generally only serve to squeeze tax dollars from us all for wasteful government projects, money that we would better left in our own hands to use as we each saw fit. And then they go on the campaign trail, begging for more money so that they can beat the other guy.

Like I say, bloodsuckers.

Nonetheless, to me this election is different, in the same way the 2010 election was different.
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According to a poll of small business owners, more than 60% will either drop their employee healthcare plans or make their employees pay far higher fees when Obamacare goes into effect in 2014

Repeal it! According to a poll of small business owners, more than 60% will either drop their employee healthcare plans or make their employees pay far higher fees when Obamacare goes into effect in 2014.

The worst part of this story however is this:

Pollster Bill McInturff noted that the combination of a bad economy, greater regulations and increased economic uncertainty have forced 24 percent of the firms polled to lay off workers, 23 percent to tap their own savings to stay open and 11 percent to kill health coverage for workers. “The climate in Washington is a concern to them,” said McInturff. Dan Danner, president of NFIB added: “Why would I invest in this environment?”

Those polled were so down on President Obama and Congress that many said they wouldn’t start a business today. Asked if they would start a new business, 55 percent said no. Among the reasons they cited were high taxes, health care costs, regulations and an uncertain economy.

Obamacare: a program in disarray.

Obamacare: a program in disarray.

The critical regulations outlining what the Obamacare insurance benefit will look like was supposed to be out more than six months ago. Now it looks like this regulation won’t be dropped until after the election.

The author then describes each component of the law that is failing in one way or the other. I especially like this paragaph:

The crown jewel of Obamacare’s effort to contain healthcare costs, the creation of Accountable Care Organizations, is so unwieldy that major provider groups have said they won’t participate. The idea is to consolidate doctors, turning them into employees of large systems, and then pay these systems lump sums of money to take care of groups of patients. A letter from 10 major medical groups that previously ran similar programs said, “it would be difficult, if not impossible” to accept the financial design created by Obamacare. In another rebuke, an umbrella group representing premier medical organizations said 90 percent of its members wouldn’t partake.

None of this is a surprise to those who opposed this turkey of a law. We were right to oppose it, and we are right to want it repealed.

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