• [ network ]
  • goatmatrix.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:1652
@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
    1452 views
    Thumbnail for Roderick Long on Race, Gender, Equality and Libertarianism7:38
    Roderick Long on Race, Gender, Equality and Libertarianism
    ReasonVids
    1652 views
    Thumbnail for Former Rep. J.D. Hayworth on Why Libertarians Should Vote for John McCain0:31
    Former Rep. J.D. Hayworth on Why Libertarians Should Vote for John McCain
    ReasonVids
    1607 views
    Thumbnail for The U.S. Patent System is Broken: Derek Khanna on Trolling and Low-Quality Patents14:43
    The U.S. Patent System is Broken: Derek Khanna on Trolling and Low-Quality Patents
    ReasonVids2
    1698 views
    Thumbnail for Happy New Year!5:14
    Happy New Year!
    AmericanRenaissance
    2565 views
    Thumbnail for What We Saw at the Occupy Wall Street Protest6:04
    What We Saw at the Occupy Wall Street Protest
    ReasonVids3
    1654 views
    Thumbnail for War Stories From the Charter School Movement51:56
    War Stories From the Charter School Movement
    ReasonVids2
    1553 views
    Thumbnail for Burke, et al. v. City of Chicago press conference.18:29
    Burke, et al. v. City of Chicago press conference.
    IJvids
    1764 views
    Thumbnail for Have Republicans Turned Against Trade? We Asked Them.6:40
    Have Republicans Turned Against Trade? We Asked Them.
    ReasonVids3
    1743 views
    Thumbnail for Joe Trippi: "I don't see Jeb Bush and Hillary Clinton having a big fight over the NSA."0:56
    Joe Trippi: "I don't see Jeb Bush and Hillary Clinton having a big fight over the NSA."
    ReasonVids
    1798 views
    Thumbnail for Remy: Healthcare Mash (Monster Mash Parody)1:54
    Remy: Healthcare Mash (Monster Mash Parody)
    ReasonVids
    1395 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    333 views
    Thumbnail for Why would any sensible Libertarian support abandoning Afghanistan to the Taliban?2:26
    Why would any sensible Libertarian support abandoning Afghanistan to the Taliban?
    ReasonVids3
    1675 views
    Thumbnail for Qualified Immunity: Explained3:03
    Qualified Immunity: Explained
    IJvids
    1720 views
    Thumbnail for Chef Geoff Tracy vs DC Traffic Cameras2:26
    Chef Geoff Tracy vs DC Traffic Cameras
    ReasonVids3
    1788 views
    Thumbnail for The Presidential Debate in ONE MINUTE1:03
    The Presidential Debate in ONE MINUTE
    ReasonVids3
    1809 views
    Thumbnail for Freedom, Science Fiction and the Singularity: A conversation with author Vernor Vinge6:57
    Freedom, Science Fiction and the Singularity: A conversation with author Vernor Vinge
    ReasonVids3
    1660 views
    Thumbnail for Nathaniel Branden on "My Years With Ayn Rand"9:59
    Nathaniel Branden on "My Years With Ayn Rand"
    ReasonVids
    1965 views
    Thumbnail for ABC: Monks Challenge The State In Federal Court2:04
    ABC: Monks Challenge The State In Federal Court
    IJvids
    1657 views
    Thumbnail for Bracing for ObamaCare: Shirley Svorny on the Economics of Healthcare Regulation4:55
    Bracing for ObamaCare: Shirley Svorny on the Economics of Healthcare Regulation
    ReasonVids
    1796 views
    Thumbnail for Strategic Tax Planning Tips for New Businesses1:00
    Strategic Tax Planning Tips for New Businesses
    savvyfinanceguide
    294 views
    Thumbnail for Should Revenge Porn Be a Crime?5:59
    Should Revenge Porn Be a Crime?
    ReasonVids
    1664 views
    Thumbnail for 3 Reasons Mitt Romney and Republicans Lost Big in Election 20122:31
    3 Reasons Mitt Romney and Republicans Lost Big in Election 2012
    ReasonVids2
    1710 views
    Thumbnail for Japanese Sweets | Bento Club0:40
    Japanese Sweets | Bento Club
    Invidious8
    119 views
    Thumbnail for Asian woman admits she wants to commit the white genocide0:51
    Asian woman admits she wants to commit the white genocide
    bestofvoatxyz
    1072 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