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More "Silly" from the State's arguements over in the Courthouse Day 3

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The gummit made the problem they claim they are here to fix. 


Herb Zimmern at market ticker:




This was what it all came down to today -- the argument that cost-shifting means that health care is unique and thus the government has the right to mandate that everyone buy health insurance.

Think about this for a minute.

A long minute.

Remember one thing folks -- it is the government itself that mandates cost-shifting.

Prior to EMTALA in the 1980s there was no such mandated cost-shifting.  If you could not afford either insurance or cash payment for treatment, even emergency treatment, you were not entitled to it.  You could access charity care if you could find it, but nobody was forced to provide you care against their will -- or shift the cost to someone else.

The Government created the very situation they now cite as the justification for this law.

Indeed, listening to the argument today and reading back through the transcript this afternoon, that was the focus of the entire argument.

And it's one the government should lose just as you should lose if you spread gasoline all over your floor on purpose and then walk into the room with a cigarette, a fire results, and you claim that you need "protection" from the impact of your own intentional acts by stealing funds from others.

The problem lies within EMTALA, as I wrote about extensively in Leverage and in my myriad articles over the last three years here on The Ticker

Read from the transcript, as just one of many examples throughout:

JUSTICE KAGAN: No, this is very different, Mr. Clement, and it's different because of the nature of the health care service, that you are entitled to health care when you go to an emergency room, when you go to a doctor, even if you can't pay for it.

The entire premise on which the argument rests is that the government created the infirmity it now attempts to force you to cover.

This is outrageous, to be blunt.  And yet none of the States' solicitors appear to have caught it, nor argued it.


How do you fix what you just fixed?


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