• [ 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:1430
@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
    Movie Night
    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
    1287 views
    Thumbnail for What We Saw at the Occupy Wall Street Protest6:04
    What We Saw at the Occupy Wall Street Protest
    ReasonVids3
    1227 views
    Thumbnail for Democrat Convention 2008 Day Four5:25
    Democrat Convention 2008 Day Four
    ReasonVids2
    1414 views
    Thumbnail for Hayek Institute's Barbara Kolm on the Eurozone Crisis5:04
    Hayek Institute's Barbara Kolm on the Eurozone Crisis
    ReasonVids
    1249 views
    Thumbnail for Are deviled eggs controversial?? | Ian Fujimoto0:56
    Are deviled eggs controversial?? | Ian Fujimoto
    invidious
    676 views
    Thumbnail for Milwaukee Taxi Rally and Press Conference (April 16, 2013)8:19
    Milwaukee Taxi Rally and Press Conference (April 16, 2013)
    IJvids
    1572 views
    Thumbnail for Laundry0:48
    Laundry
    AOUisgay
    707 views
    Thumbnail for Some orphaned wild Monkey videos melt even my bitter cold heart. SOOOOO CUTE!0:39
    Some orphaned wild Monkey videos melt even my bitter cold heart. SOOOOO CUTE!
    poalcatbox
    889 views
    Thumbnail for These Innocent Cumberland Residents are Living in Fear of Being Kicked Out of Their Homes4:39
    These Innocent Cumberland Residents are Living in Fear of Being Kicked Out of Their Homes
    IJvids
    1125 views
    Thumbnail for CEO of Arizona Iced Tea says why he keeps the drink 99¢ despite rising cost0:22
    CEO of Arizona Iced Tea says why he keeps the drink 99¢ despite rising cost
    bestofupgoat
    287 views
    Thumbnail for The United States vs. John Stagliano - Part One8:27
    The United States vs. John Stagliano - Part One
    ReasonVids2
    364 views
    Thumbnail for Donald Trump and the Coming Battle Over Legal and Illegal Immigration: Q&A with Shikha Dalmia7:31
    Donald Trump and the Coming Battle Over Legal and Illegal Immigration: Q&A with Shikha Dalmia
    ReasonVids3
    1459 views
    Thumbnail for Stossel: These Students Know More Than Politicians4:08
    Stossel: These Students Know More Than Politicians
    ReasonVids3
    1260 views
    Thumbnail for Burke, et al. v. City of Chicago press conference.18:29
    Burke, et al. v. City of Chicago press conference.
    IJvids
    1464 views
    Thumbnail for "FEMA Won't Let Us Rebuild Our Home"7:31
    "FEMA Won't Let Us Rebuild Our Home"
    ReasonVids
    1372 views
    Thumbnail for FEE's Lawrence W. Reed5:29
    FEE's Lawrence W. Reed
    ReasonVids
    1315 views
    Thumbnail for Julee Cruise - Into the Night [1989]4:44
    Julee Cruise - Into the Night [1989]
    music.topic
    199 views
    Thumbnail for WingsOfRedemption - Relationship Advice and Banning every word under the Sun5:40
    WingsOfRedemption - Relationship Advice and Banning every word under the Sun
    memology101
    1747 views
    Thumbnail for Kamloops: Greatest Hate Hoax Ever?12:32
    Kamloops: Greatest Hate Hoax Ever?
    AmericanRenaissance
    1103 views
    Thumbnail for Charlie Predicted This Whole Maze | Moist Charlie Clips0:34
    Charlie Predicted This Whole Maze | Moist Charlie Clips
    Invidious8
    11 views
    Thumbnail for Kelo:  Five Years Later3:51
    Kelo: Five Years Later
    IJvids
    1308 views
    Thumbnail for Christmas Jazz 🎄 Peaceful Christmas Jazz & Sweet Christmas Bossa Nova for Relax, Study, Work | Coffee Harmony1:00
    Christmas Jazz 🎄 Peaceful Christmas Jazz & Sweet Christmas Bossa Nova for Relax, Study, Work | Coffee Harmony
    invidious1
    829 views
    Thumbnail for Kids in the Hall - S03E08 - Freedom of Speech ("You use the word 'ascertain' too much.")2:54
    Kids in the Hall - S03E08 - Freedom of Speech ("You use the word 'ascertain' too much.")
    moonchance
    1449 views
    Thumbnail for Is California Too Big To Fail? Q&A w/Flash Report's Jon Fleischman9:15
    Is California Too Big To Fail? Q&A w/Flash Report's Jon Fleischman
    ReasonVids
    1231 views
    Thumbnail for If Your Motherboard Doesn’t Have This… | Zach's Tech Turf0:58
    If Your Motherboard Doesn’t Have This… | Zach's Tech Turf
    invidious1
    374 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