Archive for June 28th, 2012

It will take some time to digest the Supreme Court’s decision today, but it appears to have averted some terrible jurisprudence that might have very seriously restricted the government’s overall ability to regulate the economy and protect citizens.

In upholding most of the Affordable Care Act, the Supreme Court lets stand legislation that offers some important benefits, but only to a portion of those who are uninsured, and will predictably fail to solve our nation’s health care crisis.

However the health reform law ultimately plays out, we know two things for certain: Tens of millions of Americans will remain uncovered as will tens of millions of under-insured who will remain at risk of financial ruin if a major illness strikes and it will leave the private health insurance and pharmaceutical industries in charge of prices and life-and-death treatment decisions.

There is a single solution to the challenges of providing coverage to the 50 million who are uninsured that would curb out-of-control health care costs and provide a humane standard of care to all who enter the medical system. That solution is an improved Medicare-for-All, single-payer system.

The improved Medicare-for-All approach starts with the premise that health care is a critically-needed right that must be afforded to all, irrespective of any individual’s ability to pay for care. It solves the problems of 50 million uninsured Americans simply and directly by establishing that everyone is covered by the improved Medicare-for-All system. Everybody in, nobody out.

Improved Medicare-for-All would prevent the deaths of the 45,000 Americans who die every year from lack of health insurance. It would eliminate the hundreds of thousands of medical bankruptcies — affecting millions of Americans every year — that occur because people can’t pay their medical bills. These deaths and economic tragedies are entirely preventable; a system that permits them to continue is morally repugnant and must be replaced.

The improved Medicare-for-All approach would eliminate the greatest waste in the health care system: the needless costs imposed by the private health insurers. These firms impose hundreds of billions of dollars of excess cost on us via their excessive profit-taking and executive compensation, their marketing expense, their vast bureaucracies devoted to denying care and their imposition of massive paper-pushing obligations on actual health care providers.

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We’ve all heard allusions to a “tsunami” of regulations battering U.S. businesses. The reality is there is no “tsunami” and, even if there were, it would be reduced to standing water once the federal rulemaking process is done with it.

Federal agencies are late on completing nearly 80 percent of the rules by congressionally mandated deadlines, a new Public Citizen report finds.

The report outlines several reasons for the delays, including cumbersome requirements upon federal agencies, lengthy reviews by the administration, industry pressure, political interventions, and, sometimes, agencies simply dragging their feet.

Several statutes and executive orders that created procedural obstacles for agencies to issue regulations were added to the rulemaking process in the 1980s and 1990s. For example, Executive Order 12866, signed by President Bill Clinton in 1993, requires agencies to craft the “most cost-effective rule,” not the rule that most effectively serves public health and safety.

The executive order also requires rules deemed “significant” to be sent to Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) for review. This step creates delays on top of delays. Although the executive order calls on OIRA to complete its reviews of rules within 120 days, it often does not. For example, the data set for Public Citizen’s study — consisting of rules included in OMB’s fall 2011 semi-annual report — included 14 rules that are currently under review at OIRA. Each has been there for longer than 120 days.

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