To better understand what deregulation means, suggest you go to http://www.gpoaccess.gov/CFR/ and in the "Quick Search" box, type in "Health care" and see what the results are.

In the hierarchy of laws, once a bill becomes a law, the agency(ies) affected must then issue regulations which further define how the law will be implemented and administered. The old joke is "one paragraph of statute results in 100 pages of regulation."

Deregulation involves a review of existing regulations, many of which have become obsolete, to get rid of what no longer accomplishes anything and still creates paper nobody reads anyway, as well as what is still on the books, but the statutes have changed so that the regulation doesn't describe fact. There are SO MANY regulations that are out-of-date its almost unbelievable, but they are still the law and people/organizations still are required to comply.

Also, an agency just can't delete or change a regulation. The Administrative Procedures Act governs the regulatory process to include when postings in the Federal Register must happen so that the public is aware of the agency's desire to end a regulation, why it's ending, and under what statutory authority is it being done. It's not an easy job, and the visibility and paper trail to do it is quuite long.

When politicians use scare tactics in describing deregulation they are betting the public doesn't understand the process (which is usually true).

Originally Posted by SteveZ

To better understand what deregulation means, suggest you go to http://www.gpoaccess.gov/CFR/ and in the "Quick Search" box, type in "Health care" and see what the results are.

In the hierarchy of laws, once a bill becomes a law, the agency(ies) affected must then issue regulations which further define how the law will be implemented and administered. The old joke is "one paragraph of statute results in 100 pages of regulation."

Deregulation involves a review of existing regulations, many of which have become obsolete, to get rid of what no longer accomplishes anything and still creates paper nobody reads anyway, as well as what is still on the books, but the statutes have changed so that the regulation doesn't describe fact. There are SO MANY regulations that are out-of-date its almost unbelievable, but they are still the law and people/organizations still are required to comply.

Also, an agency just can't delete or change a regulation. The Administrative Procedures Act governs the regulatory process to include when postings in the Federal Register must happen so that the public is aware of the agency's desire to end a regulation, why it's ending, and under what statutory authority is it being done. It's not an easy job, and the visibility and paper trail to do it is quuite long.

When politicians use scare tactics in describing deregulation they are betting the public doesn't understand the process (which is usually true).

Good post Steve.....most of those who simply blindly support the left with simply ignore your presentation of facts !

Steve, good post.
I think in a perfect world deregulation would be about getting rid of obselete and cumbersome regulations, however that ideal situation doesn't seem likely to occur. I can't seem to find examples that don't include a vast amount of contamination by special interests groups. Some have mentioned the airlines and other examples. A look at the credit card industry reveals much of the same. There are reasons most of the bills go to places like South Dakota, and I think Nevada(not sure on that one).When deregulation occured companies set up in the states with the highest interest rates and the least consumer protection laws because they were only subject to the regulations of the states they were in. Now we have companies that can raise your rates beyond the already elevated levels for almost any reason they come up with ( I know, people are responsible for their own debt and stupidity for getting in so deep...thats a whole different subject for another thread) and have in many ways contributed to the current financial crisis.
Some of what I have read indicates McCain has indicated insurance companies could transition in much the same way, being regulated by the rules of the states they are based in. Again, wide ranging rules apply, often adjusted to favor certain businesses and entice them to locate there(much as S.Dakota did). What happens when they relocate to states that make it easier for them to cancel policies and deny coverage for pre-existing conditions and a myriad of other reasons?
I am greatly interested in seeing cumbersome, needless, asanine and outdated rules swept from our system but I doubt that will be the thrust of deregulation. It will likely be like many other things, laws changed by people with money and influence for people with money and influence.
Health care as a business is not really on a par with other busines models nor should it be. There are different ethical questions and considerations which simply don't fit in traditional business models.
Regulations in place for incentives or punishments for "performance" are not working. Studies are clearly showing that they are in many instances causing more harm than good. (giving antibiotics for pnuemonia within 20-30 minuites of arrival...tests are not even back by then...it has contributed to the overprescribing and drug resistance we have). There are multiple other problems to numerous to go into here.
I think regulation of this particular industry is necessary to a great degree. When we are talking about health and well being, life and death, a strict business model is simply not an adaquate guide. The problem as I see it is intelligent regulation or oversight.
A national healthcare system will occur because it has to, a broken hodge podge of a system is halfheartedly in place now. We need to revamp what we have and attempt to break old schools of thought with regard to reimbursement and necessity of care etc. Certainly people will have to wait for elective procedures and some diagnostic tests. You simply can't have your cake and eat it too.

Good post Steve..

The minute I change my homestead I can not longer carry Michigan Blue Cross . I have to change to Florida Blue Cross where premiums are 40% higher and not as much coverage......They are stopped from competing with each other by Intrastate commerce laws that are enacted to protect business from competition ....Your post is right on the money........Some of our alleged experts on here really don't know whereof they speak.......

Thanks for the point fumar

I'm a physician. I still practice 4 days a week. I was an US Army physician for 9 years and since 1985 have been in civilian practice. I am a right wing conservative. Our health care system stinks. It's broken. We spend more $ per person than any country in the world and rank waaaaayyy down the list on all measures of health, neonatal viability, longevity etc. 48 million Americans have no health insurance. The things I see everyday would break your heart. I saw a man today with a brain tumor diagnosed in 2004... he has no insurance and can't get any care. The best health care I ever observed was in the Army. I don't think the health care mess can be fixed because corruption in our Gov't infects everything they touch. Despite my right wing "wacko" stance on most issues I feel we need a single payor system but tremble at the thought of our corrupt Congress trying to implement it...

Originally Posted by The Great Fumar

Good post Steve..

The minute I change my homestead I can not longer carry Michigan Blue Cross . I have to change to Florida Blue Cross where premiums are 40% higher and not as much coverage......They are stopped from competing with each other by Intrastate commerce laws that are enacted to protect business from competition ....Your post is right on the money........Some of our alleged experts on here really don't know whereof they speak.......

Thanks for the point fumar

I will take that slap and run with it....I have not seen John McCain's proposal so I am not sure if what you say is true. But I have seen the State of Colorado try and regulate Hospitals. What a total farce that was...the commission ruled that if a Hospital was non-profit they couldn't have any profits...so how were they supposed to buy equipment. They also had to review any equipment purchases in my community only one hospital was allowed to purchase a CAT scanner and only one was allowed to do Open Heart Surgery.... Eventually it failed.

Then came DRG's....Diagnositc Related Groups or as we call it DA Revenue is Gone. The government came up with a payment plan based on your diagnoses and then they applied the number of days allowed for this illness. Of course they set a unit price for the day. If you would look at the percentage of RN's and Medical Technologists then verses the DRG coders and billing staff you would be amazed. My company, and I have installed this equipment, sales a Total Laboratory Automation System that can reduce the number of technologists by 50-60%. This mean that a single technologist has to review thousands of results every day.

The ER's have to turn around patient as fast as they can...labs are driven by the TAT or Turnaround Time...Lab results have to been turned out within these limits. Labs have done things to meet these times I would never had done. Wrong results go out just to meet the times. Education budgets are gone...techs can't go to workshops unless they pay for them out of their on pockets

How many actual nurses are on the floors anymore? Not many. Patients are sent home...a couple of years ago I had some OP surgery after which I was so sick I couldn't keep my head up. They said I'm sorry but your time is up put me in a wheel chair and pushed me out...all the while my roommate was saying can't you see that she is sick.

Small hospitals can no longer compete..so they join together...take a look at the corporate structure and what they pay the CEO.

I see it everyday....because I am in a different hospital every week.

I have Blue Cross Blue Shield of CA and I live in Colorado...I'm lucky because my companies PPO plan is Blue Cross Blue Shield across the country. Otherwise I might have to be under an HMO which to me is the kiss of death.

I'm no financial wizard but I do know what has happened to hospitals over the past 25 years.

There is no question that the health care industry, and most if not all industries which provide essential services, require regulation to keep honest people honest. That's what laws and regulations really do, and the more fraud potential (actual or perceived), the greater the regulation that results. In the end the regulations get so complex and competing that the cost of adhering to the regulation outstrips the cost of actually providing the service.

An old Florida saying matches almost all regulatory actions in spite of the good intentions - When you are up to your @$$ in alligators, it's tough to keep in mind all you wanted to do was drain a swamp!

Again rshoffer, thanx for the well informed and honest comments. There is so much people dont understand about the system, and some of th "experts" here really only care about their political leanings beyond everthing as long as they have adaquate care. The idea here is to learn as much as we can to become affective for change. There are many thousands of physicians that agree with you, and are generally considered "conservative". I to share the horror of preventable and treatable medical tradgedies that I see on an almost daily basis.
This is not a "left or right" issue for those that are actually informed about this mess . It simply is an issue, and a very pressing one. This will be the next catastrophy on the table in all likelyhood.

BTW, thanx cologal also for your post and insights.