Posts Tagged ‘ObamaCare’

Medical roundup

  • FDA to dental consumers: you can’t handle the tooth [New York Times via Alex Tabarrok]
  • “How lawyers scare people out of taking their meds” [Lisa Rickard (U.S. Chamber), Washington Post]
  • Lawsuits fail to bring improvements to nursing homes [ABA Journal]
  • Everything,” new Institute for Justice short film about costs of regulating bone marrow donation, has upcoming screenings in D.C. area, Breckinridge, Colo. and elsewhere;
  • Aetna pulls out of most ObamaCare exchanges, and the acrimony flies [WSJ editorial] “Did the Medicaid expansion limit labor force participation?” [Tomas Wind via Tyler Cowen]
  • Posting will be slower in coming weeks as I conduct my own in-person investigation of the state of America’s medical system. Thanks for bearing with me!

Workplace roundup

  • The proportion of jobs requiring a license has risen from roughly 5 percent in the 1950s to 25 percent now, and why that matters [Edward Rodrigue and Richard V. Reeves, Brookings] Signs of bipartisan agreement that occupational licensing has gone too far [J.D. Tuccille, Reason] And surprisingly or not, it’s emerged as an Obama administration cause [Matt Yglesias, Vox]
  • “25 quick takes (no kidding!) on the EEOC’s proposed national origin guidance” [Robin Shea]
  • “Trial lawyers’ pecuniary interests have shifted our focus toward termination decisions, instead of hiring and promotion practices” [Merrily Archer]
  • Is it lawful to move full-time employees to part-time work to avoid ObamaCare mandates? [Jon Hyman, related]
  • Florida Supreme Court decision spells Christmas for workers’ comp lawyers, and insurers proceed to file 17 percent rate increase, so everyone’s happy [Insurance Journal]
  • “Uber and the gig economy’s existential litigation threat” [Alison Frankel] Labor union grip on state legislature imperils benefits of sharing economy [Steven Greenhut]

Medical roundup

FDA issues menu labeling mandate

Vaping isn’t the only issue on which the Food and Drug Administration has stopped its ears to distress cries from the regulated community. It has now followed through with a stringent rather than lenient version of the menu labeling concept mandated by the ObamaCare law, one that will extend coverage to doubtful areas including some restaurant coupons and advertisements and ensure burdensome compliance issues for variety items such as toppings on pizza or ice cream. [CS News, Elizabeth Harrington/Free Beacon, earlier]

Cutting employee hours to avoid ObamaCare mandate = “retaliation”

The Affordable Care Act, otherwise known as ObamaCare, sometimes gives employers an incentive to reduce the work hours of employees so that they will not meet eligibility thresholds for costly health insurance. Lawyers for employees have responded by arguing that this reduction of hours constitutes “retaliation” under ERISA and is itself unlawful. Now a Southern District of New York federal court seems to have bought the theory, at least to the extent to denying a defense motion to dismiss. [R. Pepper Crutcher, Balch & Bingham on Marin v. Dave & Buster’s, Inc.]

Medical roundup

  • FDA and other agencies launch crackdown on more than 100 dietary supplement companies [Orange County Register editorial, thanks for quoting]
  • 14 years ago Sally Satel warned that political correctness was getting into medical schools in a big way. How prescient was that? [Yale Daily News via Dave Huber/The College Fix on Yale med-school dean’s capitulation to demands for “anti-oppressive” curriculum reform, video of Satel on C-SPAN “Book Notes” with Brian Lamb discussing “P.C., M.D.“]
  • Unexpectedly! “Insurer cutbacks squeeze patients out of high-end care” [Houston Chronicle]
  • “Deflate Drug Prices by Reforming the FDA” [Richard Morrison, CEI, thanks for quote]
  • Penny wise: Obama plan would penalize doctors who recommend routine prostate cancer tests for older men [WSJ, Betsy McCaughey/New York Post]
  • “Clearly, it would take an extraordinarily overbearing [British] state to move [sugar] consumption anywhere close to this target.” [Christopher Snowdon]
  • Widely asserted ethical prohibition on paying organ donors comes at more than a monetary price [Alex Tabarrok](link fixed)

“One effect of all this regulation is to essentially increase the minimum viable size of any business”

Wage and hour, employee classification and Obamacare regulations are transforming the nature of employment, argues Coyote. And in a development that will surprise few of those who watch this area, it’s been another record year for federal wage and hour lawsuits [Insurance Journal]

Calorie labels and craft brewers

The Obamacare/FDA calorie-label provision, which we’ve met before, “requires chain restaurants with 20 or more locations to list calorie information for ‘standard menu items,’ including each available beer, on menus and menu boards by December 2016. Testing the nutritional content of a single beer could cost as much as $1,000, according to the Beer Institute, a trade association representing brewers.” For craft brewers, the costs of testing every variant small-run flavor can add up fast. And unless a brewer is willing to pre-emptively shell out for testing in advance at its own risk, it may miss out on the chance to make the jump into chain distribution: “Restaurants interested in carrying a craft beer may not want to wait for testing to be done and will move on to beers that already have nutritional information.” [Michelle Minton, Real Clear Policy]

Medical roundup

  • Study of Type I, Type II error finds FDA much too conservative in drug approval [Vahid Montazerhodjat and Andrew Lo via Tabarrok]
  • Behind push to license/regulate personal trainers in Washington, DC and elsewhere: ACA opened spigot of publicly channeled wellness money [Aaron Davis/Washington Post via Tyler Cowen, Peter Suderman]
  • “Medical lending”: financiers “invest in operations to remove pelvic implants, [reap] payouts when cases settle” [Alison Frankel and Jessica Dye, Reuters]
  • War on Some Drugs again collides with cancer therapy: “Psilocybin, it appears, targets this existential and spiritual distress.” [Ann Althouse]
  • Citing First Amendment, federal court enjoins FDA from prohibiting truthful speech by drugmakers about off-label uses [WSJ, Alex Tabarrok (in recent years, federal government “has extracted billions of dollars in settlements from pharmaceutical firms for engaging in what appears to be constitutionally protected speech”), Beck and Sullivan, Drug & Device Law on Amarin v. FDA]
  • SEIU 1199: “The union that rules New York” [Daniel DiSalvo/Stephen Eide, Daily Beast and City Journal]
  • Controversial therapist who is also anti-vaccine expert witness loses court challenge to Maryland medical license revocation [Beck, Drug and Device Law]