• [ network ]
  • submatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

Entrepreneurs Sue Kentucky Over Law That Kept Them from Providing Home Health Care Business

Views:1730
@IJvids

Dipendra Tiwari wants to provide home health care to refugees in Louisville in a language they understand. But Kentucky won’t let him because it says that service isn’t needed. How can that be? The answer is a government permission slip called a certificate of need.

Nearly 100,000 Nepali speakers have been welcomed to the United States after ethnic tensions forced them out of their homes in the Himalayan country of Bhutan. Thousands of these refugees resettled in Louisville. And, just like anyone else, they need health care as they age. This situation gave Dipendra, a native Nepali speaker, an idea for a valuable service: a home health care agency catering to the refugee population, offering service in their own language. So, last year, Dipendra formed Grace Home Care and paid a $1,000 fee to submit his plan to the state.

That’s when things went wrong. A $2 billion health care conglomerate—Dipendra’s future competitor—stormed in to argue that there was no need for another home health agency. Based on some back-of-the-envelope estimates, and ignoring the need for Nepali-language care that Dipendra was trying to address, Kentucky agreed. It refused to issue a certificate of need and rejected Dipendra’s application.

And that’s exactly how certificates of need are supposed to work. Originating in a long-debunked effort to control costs, in practice, all they do is prevent new businesses from competing with established ones. They are why in Kentucky’s 120 counties, new home health agencies are allowed in only six. They are why Louisville itself has only nine home health agencies for 26,000 patients. And, to be clear, they have nothing to do with ensuring health or safety (which are covered by other laws). Rather, the whole point of current CON laws is to benefit established providers by stifling competition.

But giant health care conglomerates don’t need the government to protect their business. And entrepreneurs shouldn’t lose their shot just because someone else happened to get there first.

That’s why Dipendra has teamed up with the Institute for Justice to challenge Kentucky’s CON requirement for home health agencies in federal court. The Constitution protects the right to earn an honest living free from unreasonable government interference. And it is unreasonable for Kentucky to pick winners and losers in the marketplace.

Beyond Kentucky, 18 other states require CONs for home health agencies. But with health care costs rising, the last thing the government should be doing is imposing fewer choices and higher prices. Patients and providers—not the government—are in the best position to decide what medical services are needed.

https://ij.org/case/kentucky-con/
Donate to IJ: https://ij.org/support/give-now/

ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
    Thumbnail for FEDS Seized Over $2 BILLION at U.S. Airports from 2000-20161:27
    FEDS Seized Over $2 BILLION at U.S. Airports from 2000-2016
    IJvids
    1507 views
    Thumbnail for Silencing Owen - Charlie Lynch Trial Update2:13
    Silencing Owen - Charlie Lynch Trial Update
    ReasonVids3
    2068 views
    Thumbnail for Obesity in America: To Win, We Have to Lose Government5:42
    Obesity in America: To Win, We Have to Lose Government
    ReasonVids3
    1833 views
    Thumbnail for Every Political Ad Ever1:27
    Every Political Ad Ever
    ReasonVids3
    2127 views
    Thumbnail for Author Michela Wrong on Kenyan corruption and tragedy of post-colonial Africa10:00
    Author Michela Wrong on Kenyan corruption and tragedy of post-colonial Africa
    ReasonVids
    1922 views
    Thumbnail for Clark Neily: H.B. 3637 Would Keep Horse Teeth Floating Legal in Texas & Protect Horse Owners3:51
    Clark Neily: H.B. 3637 Would Keep Horse Teeth Floating Legal in Texas & Protect Horse Owners
    IJvids
    1665 views
    Thumbnail for Is Homeschooling a Universal Human Right?13:51
    Is Homeschooling a Universal Human Right?
    ReasonVids
    1673 views
    Thumbnail for THIS Is How Elon Musk's Neuralink Microchip Will Be Put In Your Brain (2020)9:43
    THIS Is How Elon Musk's Neuralink Microchip Will Be Put In Your Brain (2020)
    AOU
    2726 views
    Thumbnail for How To Save America's Zoos: Privatize Them4:48
    How To Save America's Zoos: Privatize Them
    ReasonVids2
    1477 views
    Thumbnail for Remy: Horrifying Tweets Resurface1:47
    Remy: Horrifying Tweets Resurface
    ReasonVids
    1491 views
    Thumbnail for Supreme Court Appeal: Can States Bar You from Using Navigable Waters?15:23
    Supreme Court Appeal: Can States Bar You from Using Navigable Waters?
    IJvids
    1801 views
    Thumbnail for The Modern Left is the Party of Psychological Abuse | Live From The Lair12:25
    The Modern Left is the Party of Psychological Abuse | Live From The Lair
    Terrence Popp
    1074 views
    Thumbnail for Biden Won’t End the Warfare-Surveillance State1:10:21
    Biden Won’t End the Warfare-Surveillance State
    ReasonVids
    2069 views
    Thumbnail for Food Trucks and Carts Are Just as Clean as Restaurants1:08
    Food Trucks and Carts Are Just as Clean as Restaurants
    IJvids
    2074 views
    Thumbnail for He did nothing wrong1:08
    He did nothing wrong
    bestofvoatxyz
    1119 views
    Thumbnail for The United States vs. John Stagliano - Part One8:27
    The United States vs. John Stagliano - Part One
    ReasonVids2
    751 views
    Thumbnail for Ivermectin to fight RSV? - The Highwire14:56
    Ivermectin to fight RSV? - The Highwire
    bestofsaidit
    2112 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    541 views
    Thumbnail for Styrofoam Anti-Tank Weapon0:53
    Styrofoam Anti-Tank Weapon
    Invidious8
    131 views
    Thumbnail for The Value of a Man’s Unpaid Labor | Live From The Lair18:20
    The Value of a Man’s Unpaid Labor | Live From The Lair
    Terrence Popp
    859 views
    Thumbnail for Burke, et al. v. City of Chicago press conference.18:29
    Burke, et al. v. City of Chicago press conference.
    IJvids
    1879 views
    Thumbnail for Strong Bad Email #45 - Techno1:17
    Strong Bad Email #45 - Techno
    homestarrunner_unofficial
    1198 views
    Thumbnail for The World's Largest Battery Isn't What You Think | Undecided with Matt Ferrell14:19
    The World's Largest Battery Isn't What You Think | Undecided with Matt Ferrell
    Invidious8
    113 views
    Thumbnail for Audio Spotlight - How a Audio Spotlight Works | NPS Physics4:48
    Audio Spotlight - How a Audio Spotlight Works | NPS Physics
    Invidious8
    135 views
    Thumbnail for Will the Supreme Court Limit Police Power to “Stop and Frisk”?39:03
    Will the Supreme Court Limit Police Power to “Stop and Frisk”?
    IJvids
    1645 views

points

Permalink
Reply
ij
,
institute for justice
,
freedom
,
liberty
,
individual rights
,
constitution
,
constitutional law
,
unconstitutional law
,
con law
,
constitutional litigation
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle