SAF joins Firearms Freedom Act lawsuit

The Second Amendment Foundation announced today they have joined the Montana Shooting Sports Association in suing the Federal government to stop enforcing gun laws against guns and ammo that stays entirely within the state of Montana.

The article in the Missoulian elaborates:

That the guns and ammo not be used outside Montana is important, Gottlieb said. So far, the federal government has justified federal control over guns by citing the “interstate commerce clause,” which states that the federal government can regulate commerce between the states.

But if a gun will not be leaving Montana, there is no “interstate commerce” and the federal government has no standing to enforce its laws, Gottlieb said.

Marbut said he’ll planning to file suit in Montana federal court the day the law goes into effect. He said he’s received letters from Montanans interested in making their own guns, but who aren’t sure the new law will protect them from federal prison time.

This makes perfect sense to anyone that hasn’t read the Federal case law that came out of the 1930s (and since). But after hearing about the case law in which a farmer growing wheat on his own land for his own use was found to be engaging in Interstate commerce you realize we have a much higher hurdle to clear with this sort of lawsuit. That one case was just the beginning. There have been thousands of cases and laws built upon that one finding. How can a gun rights case find a niche in that “wall”?

Everyone I have talked to about this thinks the Firearms Freedom Acts (Montana and Tennessee so far) are only good for entertainment value. But SAF throwing it’s weight behind this causes me some doubt. Sure, it makes great copy for fundraising. But so would a lot of other gun lawsuits that are lost causes. I’ve had a lot of “behind the scenes” conversations with the SAF people over the years and while I acknowledge fundraising is one of their objectives I know they are smart enough to not back a completely lost cause. Winning lawsuits is far better for fundraising than losing a case no matter how noble a cause.

Perhaps my email to Gottlieb’s and my Senator, Patty Murray, convinced her to pull a few strings on her end in Washington as well.

Problems with The Blade Shop

A couple months ago I suggested people buy their “assault knife” now because of proposed regulations that might make many folding pocket knives illegal.

I posted that I had just made my bulk purchase from The Blade Shop. In the comments people reported there were many people who had delivery and customer service problems with that particular outlet. I received my knives within a few days and thought that they had gotten their act together and that there was no need to be concerned.

That was two months ago.

Today I received this email from reader Ben:

I have read your blog for a long time now and very much appreciate your knowledgeable writing on firearms and explosives.

Several months ago you posted a snippet about how you picked up several knives from a place called The Blade Shop. Since I was in the market, I took your suggestion for the place to buy the knifes. I ended up ordering $165 in knives from them. It is now two months later and I have not receive anything except excuses.

After several weeks of not having received anything, including a status update on merchandise being back ordered I emailed them asking what was going on. They responded that one of the items was on back order and it would be a couple of weeks. After that deadline had come and gone I asked again. They said that item was still on back order. I asked to be refunded the money for that particular knife and send the rest on their merry way. The person at the other end said that they were going to refund the money and ship the others, but that it would take 10-14 days for the refund to go through. Now three weeks later I don’t have a refund or any knifes.

I will be calling my credit card company today and asking for them to reverse the charges. They have a 2 month policy, thankfully I am a few days inside of that.

Please spread the word that at least some people are having difficult with this particular shop.

Thank you,

Ben

Rats.

Sorry about that.

Projection or imagined telepathy?

As pointed out by others MSNBC cropped the video of the black guy with a rifle at the Obama protest down enough to not show his skin color. Then they talked about gun owners being white racists against Obama.

I have to wonder what the basis for that belief was and why they would put effort into falsifying the evidence to fit their, obviously, false beliefs. Do they think they have some sort of telepathy such they can read the minds of others? Or is it as Say Uncle pointed out:

So, you were assigning stereotypes to a broad group of people? Supposedly trying to address bigotry in this country while being bigoted yourself seems to lessen your point. It’s OK, they’re only gun owners.

Although there are a people who believe they have telepathic powers I believe projection is far more common and all the evidence appears to fit that diagnosis.

Projection is very common in the anti-gun camp and it’s one of the first thing you should look for when you encounter an anti-gun person. Do they say they are afraid of what someone might do if they carried a gun while at a school/church/restaurant/wherever? The evidence is overwhelming that people with guns in those places do nearly exactly the same things that other people without guns do in those places. It’s actually their fear of what they might do if they had a gun in those places. Never mind that a police officer with a gun in the same location is just fine for nearly all of these people–disregarding the fact that police officers accidently shoot innocent people at a much higher rate than private citizens do.

So in this case the media representatives feel, without a factual basis, badly toward gun owners. They then search for something that could justify their bad feelings. Racism is an easy “hook to hang their hat on” since there once was a great deal of racism against people of color in this country and President Obama has the necessary pigmentation to be a target of white racists. But it’s the feelings of the media that drove the conclusion that someone else must be racists rather than the evidence of racism that drove their feelings.

This can be generalized to freedom in general. People are afraid of making their own decisions and they attempt restrict others decisions via some “wiser” authority with the justification being that someone else might make a bad decision–regardless of the fact that government “one size fits all” decisions for nearly everything cost more and are less effective than private solutions. Hence because of their feelings of fear of their own decision making ability drove the demands that others not make decisions for themselves rather than actual fear of others making their own decisions.

I suppose another psychological model that could be applied is one of stress reduction. It’s more stressful to believe that you are bigoted than to falsify the evidence to indicate someone else is bigoted.

In the case of the generalized freedom issue the stress reduction model works there too. It’s impossible to predict the future in any detail so having someone else to blame for making the wrong decision relieves the stress of making the, possibly wrong, decision yourself–even if the situation of nearly everyone is worse than if they made their own decisions. It appears to be more stressful for many people to see a disparity of outcomes than for everyone to have the same bad outcome. As a friend, Susan K., told me many years ago there are people who would rather everyone earns $1.00/hour than for the minimum wage in a truly free market (no government imposed minimum wage) to be $100/hour if there were other people earning $10,000/hour. I found this hard to believe but I’m now convinced it is true as long as there is some method by which the person desiring this sort of outcome can put some sort of whitewash, such as using phrases such as “social justice”, over the ugly truth.

As a side note I’ve heard it said that Bill Gates earned, on the average, about $100/second or $360K/hour while at Microsoft. This may have contributed to the great pressure put on Microsoft by the U.S. Justice Department during the 1990s and the European Union legal action that continues to this day.

Human psychology is a strange thing. What we call rational thought and socialization is only a very thin veneer over something far, far different which it pokes its ugly head through the veneer far more frequently than we realize.

Interesting goal

This surprised me:

He added that the Orange County couple’s ultimate goal is an initiative to divide California into two states – one of which would recognize the fundamental right of gays and lesbians to marry.

I’ve heard, many times, that most of California, geographically, is pro-gun. If they could just get rid of the big population centers the place would be politically tolerable. It seems both sides (I acknowledge not all gays are anti-gun, but there is a strong correlation) want a divorce.

California having such a huge population has a large influence on great number of things nationwide. Presidential elections might be the most obvious but there are thousands of other things as well. The contents of school books, safety standards, air pollution standards, and even gun laws that first show up in California have a nasty habit of spreading to other states. If there were two states where their used to be only one that influence would diminish.

I wonder what we can do to encourage such a separation.

Quote of the day–Bruce Schneier

Surveillance infrastructure can be exported, which also aids totalitarianism around the world. Western companies like Siemens, Nokia, and Secure Computing built Iran’s surveillance infrastructure. U.S. companies helped build China’s electronic police state. Twitter’s anonymity saved the lives of Iranian dissidents — anonymity that many governments want to eliminate.

Every year brings more Internet censorship and control — not just in countries like China and Iran, but in the United States, the United Kingdom, Canada and other free countries.

The control movement is egged on by both law enforcement, trying to catch terrorists, child pornographers and other criminals, and by media companies, trying to stop file sharers.

It’s bad civic hygiene to build technologies that could someday be used to facilitate a police state. No matter what the eavesdroppers and censors say, these systems put us all at greater risk. Communications systems that have no inherent eavesdropping capabilities are more secure than systems with those capabilities built in.

Bruce Schneier
August 3, 2009
Building in Surveillance
[Schneier doesn’t mention this but the concept of “bad civic hygiene” has wider application than just surveillance technology. It also applies to the TSA, gun control, and even government provided health care (do you want health care decisions for gays made by people like Fred Phelps–or vice versa?). It’s another way of expressing concern about failures of my Jews In The Attic Test.

Some people have a lot of concern about Microsoft contributing to this sort of thing. I have been, and am, involved in projects that have the potential to cause concern. I have been very pleased to see that not only the corporate policy is appropriate to protect innocents but also the attitude of the people I work with is on par with my standards in this regard.–Joe]

Quote of the day–Barbara Scott

I want to go break the law.

Barbara Scott
August 14, 2009
When she heard of the law (essentially) banning children’s books printed before 1985.
Link courtesy Say Uncle and Sebastian.
[I, of course, immediately thought of the quote by the character Jayne Cobb in Firefly, “Shiny. Let’s be bad guys.”–Joe]

State nullification of laws

Interesting post here about the Firearms Freedom Acts (such as in Montana and Tennessee) and concludes:

While many advocates concede that a federal court battle has a slim chance of success, they point to the successful nullification of the Real ID Act as a blueprint to resist various federal laws that they see as outside the scope of the Constitution.

Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.

I’m not sure comparison can be made to the Real ID Act. The Real ID Act was impractical to implement (as well as being useless), had to be done by the states, and the states among other things said we aren’t doing it unless you give us a LOT more money. Defying Federal firearms laws requires a win in the courts or use of force against Federal law enforcement. Neither of which I see as very likely.

I agree with the goal, I’m just not convinced it will work unless there were a large number of states that went along with it. In which case a Constitutional Amendment would be feasible.

I suppose you could think of it as a form of communication to the Feds saying, “Back off” or as a symbolic middle finger. Which has it’s value. But mostly I just see it as having entertainment value.

Quote of the day–Roberta X.

I’ll bet you thought you lived in the United States of the Framer’s dreams, didn’t you? …As long as you bear in mind that “nightmares” is a subset of “dreams,” you’re right, too.

There’s not a current or former Congresscritter, except maybe Ron Paul, who ought not be brought up on charges of treason and/or offenses against persons, be given a perfectly fair trial and be imprisoned for life at the very least. The Executive branch is equally culpable. Not gonna happen but hey, a gal can still dream, right? They haven’t made that a Thoughtcrime yet, have they? Have they?

Roberta X.
August 12, 2009
James Madison Calling
[Read the Madison quote in her post for context.

I don’t know if Roberta independently arrived at the same conclusion but I’ve suggested the treason idea before too. Great minds think alike, we share the same delusion, or something.–Joe]

Don’t be stupid

Playing with explosives can be a lot of fun. But don’t be stupid.

I don’t know for certain but that what this appears to be:

Federal Bureau of Alcohol Tobacco, Firearms and Explosives agents continue to investigate an explosion in Harrison County on the morning of Aug. 1.

Bryan Byrne, a sergeant with the Harrison County Sheriff’s Department, said multiple calls came in to Harrison County Dispatch reporting an explosion that shook houses and rattled windows in the area.

An ATF agent sent to the scene collected evidence from a blast area near Baker Hollow Road. The area where the explosion took place measured about 50 feet in diameter, with trees in the vicinity charred as high as 15 feet.

Kathy Goldman, wife of Harrison County Commissioner James Goldman, told her husband she thought a liquid propane tank had exploded.

The Goldmans live about a quarter of a mile from the site of the blast.

“I wasn’t home, but my wife was. It scared her to death,” James Goldman said. “It was a pretty strong explosion.”

He said an ATF agent from Louisville took a sample of the ground and sent it to Washington to be tested. From what he could tell, Goldman said it appeared to be a homemade bomb made in a plastic five-gallon bucket.

If you are going to be detonating things that make house rattle then get the permission of the land owner and you might want to call the cops yourself, before someone else does. Even if no law was broken or property damaged it wastes a lot of time and money of the cops. If they find out it was you they are going to make your life miserable just because they would rather be eating donuts, writing tickets to increase government revenue, or inspecting the local strip club for touching violations.

When people do stupid stuff some nanny statists will use it as an excuse to attempt preventing people from doing something stupid. And that makes me rather grumpy. You won’t like me if I get too grumpy.

Quote of the day–Milton Friedman

The Great Depression, like most other periods of severe unemployment, was produced by government mismanagement rather than by any inherent instability of the private economy.

Milton Friedman
[As we enter another Great Depression keep that in mind. And also keep in mind that FDR and his complete lack of understanding of economics which extended the depression created by the high tariffs under the Hoover administration–who “Long before he entered politics he denounced laissez-faire thinking“.

FDR insisting on extremely high taxes for the rich and frequent changing of the law created great uncertainity for investors. It was the death of FDR and Truman’s friendly attitude to business that finally brought the country out of the depression.

Read New Deal or Raw Deal?: How FDR’s Economic Legacy Has Damaged America for the details.–Joe]

RDS

In my continuing frustration with Republicans, I decided to go directly to Sarah Palin’s official website.  We’ve all heard (or rather witnessed– no one seems to have actually heard anything real to back it up) the enthusiastic support for Palin.

I have yet to hear anything of substance from Palin, so where better to go than directly to the source?  Surely if there’s anything there it will be in her very own web site, in her very own words;

What is SarahPac?

SarahPac is a federally registered political action committee that supports Gov. Sarah Palin’s plans to build a better, stronger, and safer America in the 21st century.

Great!  How?  No answer.  “Safer America”?  Safer from what– corporate greed, or socialist greed?  Asteroids?  Jihadists?  Anti-Americanism in our own ranks?  No answer.  “…in the 21st Century”?  Cool.  So maybe that undefined “better” America will materialize before my great grandkids die of old age then.

How will contributions be spent?

Your support of SarahPac will make it possible for Gov. Palin to continue to be a strong voice for energy independence and reform.

Any run-of-the-mill Democrat might have said the same thing.  Energy independence, how– by deregulating oil exploration and drilling, or by “weaning us off our addiction” to oil?  Could be either.  Doesn’t say.
By supporting SarahPac, you will allow Gov. Palin to help find and create solutions for America’s most pressing problems;
“Find” solutions?  Conservatives already have them.
…priority number one is building a strong and prosperous economy that recognizes hard work, innovation and integrity by rewarding small businesses and hard working American families.
I think that’s called a “free market”.  Otherwise; how many of you want to be “built” by the government, or want the government to “recognize” or “reward” you?
SarahPac will support local and national candidates who share Gov. Palin’s ideas and goals for our country.

And those ideas are..?  Or haven’t you “found” them yet?

Who is behind SarahPac?

Gov. Sarah Palin believes all Americans must work together for the future, regardless of their party affiliation.

Again; could have been said by any run-of-the-mill Democrat/Progressive, including Marx or Lenin.  “Must work together”?  Toward what?  Or else what?  “For the future”?  What sort of future?  Since when has “the future” been a goal we “must work” for?  The future is coming no matter what it holds.  What, Sarah, do you want for the future?  Say it loud and proud!  Say something!  Anything!

Gov. Palin is the honorary chair of SarahPac, and its supporters are Republicans, Democrats, Independents, and those unaffiliated with any political party.

So I’m sure the Democrat “Borking” machine is now going to shower you with love and adoration then, right?  Now that you’re all unaffiliated and stuff?

Why now?

No; it’s what now?  Tell us What you want to do.

As a new president takes office and begins to lead our country..

The president’s job is to lead Congress and command the military, not the country.  How many of you want to be lead, verses, say, left the hell alone?

…Gov. Palin believes that every one of us has a duty and responsibility in this time of economic crisis and international challenge.

We have a duty and a responsibility to do what, exactly?  Would that be to roll over and play nicey nice in the face of encroaching socialism that threatens to tear apart the republic, or stand up and fight it tooth and nail?  Which?  Can’t decide?  Still looking for ideas?  Still haven’t found them?  Oh look!  A pony!

Each one of us must step up to the plate, get involved in the spirit of renaissance and renewal that is critical to America’s success.

Again; all politicians, from the best to the very worst, talk just like that.  There’s nothing there.  Thousand points of light.  Great Society.  Bridge to the 21st Century, Thousand Year Reich, Renaissance and Renewal, Hope and Change, blah, blah, blah, (gag) (puke).  How about Puppies and Unicorns?  Hey, yeah.  Everybody likes puppies and unicorns.  Lets use that.  The ignorant masses will love it.  Yes We Can!

Make your voice heard by joining SarahPac today!

Some will say she’s crazy like a fox– that she has this super-duper, duper…duper plan (that no one’s ever heard– ever) and that once she gets a goin’  by golly gee whizz, Katy bar the door!  I’m not holding my breath.  I say she’s a Republican.

Sorry; it’s just that, assuming words mean things, it’s amazing how little meaning can exist in so many words.  Yes I’m being very hard on her, but we’ve seen this vacuous crap all too often.

Quote of the day–Peter Nickles

The last place you want to conceal is in the District, with all of these federal buildings. It makes the job of law enforcement damned difficult.

This is a frontal assault on the District’s regulations under the Second Amendment. I don’t think that’s what Justice Scalia had in mind when he talked about self-defense.

Peter Nickles
August 8, 2009
D.C. Attorney General
Lawsuit Seeks Right to Carry Concealed Weapons in the District
[Does this guy think the only place you should be allowed to defend yourself is in your home? If you leave your home you leave the Second Amendment right to self-defense behind?

Sure, it makes it easier for law enforcement to arrest anyone with a gun in public. Just as it makes it easier for them if they arrest any black/white/yellow/red skinned person, Jew (wearing their yellow star), or homosexual (wearing their mandated pink triangle) in public after dark. But that wouldn’t be justice nor should it be tolerated in a free society. But the actions and statements of D.C. politicians make that abundantly clear they aren’t interested in a free society. And that means they need to be slapped down by the courts again.–Joe]

Good to know

Via Dave Hardy.

The government is not allowed to:

5 US Code §552a(e)(7) commands that any Federal agency

“(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;”

This wouldn’t protect some blogger making viable threats against a politician (and rightly so). But it could be used to punish someone in the Federal Government (and rightly so) for keeping records of your peaceful opposition to proposed legislation (if that link goes dead here is a saved version of the page from Whitehouse.gov as of August 8, 2009 at 2315 PDT).

A win for knife rights

This is actually rather old news but I haven’t seen it mentioned on any of the blogs I frequent. KnifeRights.org reports that Customs has backed off on expanding the definition of switchblades:

In a letter to Representative Kurt Schrader (D-OR), Customs has officially backed off their proposed revocations in recognition of the Amendment that was passed by the Senate (see below), at least until the Homeland Security Appropriations Bill is acted upon in Conference Committee.

You can read the letter here, but the key paragraph reads “The amendment would effectively obviate the need for CBP’s proposed revocations and render the current issue moot. Additionally, due to the numerous comments received in response to the proposed revocation, it is unlikely that CBP will take any further action prior to passage of the Appropriations Act.

This is about as close to a victory as we can come at this time. It may not be over until the fat lady sings, and we actually get the Amendment through Conference Committee, but for all practical purposes, we shouldn’t have to worry about Customs reaching into your pockets for your pocket knives anytime soon. Do take note that Customs has included some ambiguous wording in their letter, leaving their options open, no surprise. But, make no mistake, they have gotten the message; don’t mess with our pocket knives!

Of course Liberty is always unfinished business so don’t expect this will be the end of it but it’s good enough for now.

Quote of the day–Ben Franklin

…a frequent recurrence to fundamental principles…is absolutely necessary to preserve the blessings of liberty and keep a government free.

Ben Franklin
[It seems to me that the frequency of recurrence has been more than a little bit low. Even if we went to our fundamental principles right now it would be approximately 140 pico-Hertz and I’m thinking it should be more on the order of 12 micro-Hertz.–Joe]

Quote of the day–George Bernard Shaw

Hell is paved with good intentions, not with bad ones. All men mean well.

George Bernard Shaw
See also here, for further background on this phrase. The original was not “The road to hell is paved…” but Hell itself that was paved.
[I’m thinking gun control, TSA, socialized medicine, “affordable housing”, “hate speech” laws, rent control, the list is, for all practical purposes endless. See also New Deal or Raw Deal?: How FDR’s Economic Legacy Has Damaged America.

I just bought Bat Out Of Hell so I could play it while posting this and doing my dry-fire practice.–Joe]

Health care thoughts from Bill Waites

Via email from Bill Waites:

I usually avoid the Health Care discussions, mostly because it takes so long to explain the answers because it takes so long to explain the causes. I realize that I don’t have the entire answer, and that some of the causes are more complex than I delineate, but I can give a good basis for the problems. This is long, so stop now if you get bored easily!

First, a little background. I began my professional life as a Special Agent for Nationwide Insurance. Most of us in the West see Nationwide advertisements and say, “who are they?” Nationwide is one of largest property casualty insurers in the world, at one point I think they were the largest fire insurance company provider in the world. When I worked for them, there were only about 12 other employees with my position, while Nationwide had 18-20,000 employees, a large percentage of them in Columbus, Ohio. We sold to a very targeted audience, farmers and very small business, where the owner and his family were the only employees. We had a joint marketing agreement with Cenex, and with most of the wheat, potato, and apple Co-Ops in Washington, Idaho, and Oregon.

I basically sold health insurance for them, as a company employee. When I left, I started my own agency, continuing to sell health insurance, but also selling “special risk” insurance, (an industry category for things like adult football games, sports camps, and activities like Boomershoot, that didn’t fit into the “normal” categories). I continued to sell Nationwide, but also Blue Cross, Blue Shield, Aetna, and others.

When I left the business, I went into health care, first running the insurance computer system for a small hospital, then returned to school. After graduating, I initially worked as an RN, working med-surg units, ER’s, public health clinics, and nursing homes. Finally, I returned to school once again, became a Physician Assistant, and after 12 years in a busy Internal Medicine office, I now run a small rural clinic, where I am the only provider 4 1/2 days a week. We accept all insurance plans, Medicaid, and Medicare.

The short version of the health insurance crisis starts here. The first modern plans began in the 1920’s, with Blue Cross covering hospital visits and Blue Shield covering Physician costs. Eventually, most large employers offered insurance, but Bell Telephone is often used as a prototype of how those plans developed. Their initial plan had a $200 deductible, when the average lineman made about $200/month. Over the years, that $200 deductible became locked in stone, and it really is only in the last couple years that deductibles have changed much at all. I think someone told me the current wages for an AT&T lineman are in the $4-5000/month range to start.

Anyone see any problems with that?

As the years passed, more and more people had coverage, and fewer and fewer were willing to take any responsibility for their own care, but they still used those health insurance benefits. Unfortunately, now that the costs were such a small percentage of their income, they used them more and more.

When I was growing up, I, just like all my friends, went to the doctor when something was broken, or when I needed vaccinations. I honestly don’t remember a visit because I was sick. My sister had a few visits because of fainting spells, and my brother had chronic ear infections and ended up having multiple ear surgeries, but for colds, coughs, nausea, and vomiting, my parents, and the parents of all my friends, believed in the “3 day rule”. In other words, wait 3 days, and if you aren’t getting better, then we’ll talk about going to the doctor. I never could manage to stay sick that long!

About half the patients I see now have been sick for less than 24 hours, and most of those have nothing that 3 days won’t fix.

Of the remaining 50%, most have self induced illnesses, like lung disease from smoking, heart disease, diabetes, etc.

AT LEAST 50% of all primary care doctors visits are just like my office, where education, and patient compliance, would solve most problems.

Unfortunately, there is no incentive for education, and there is no way to fund it under the current policies.

In the early 1980’s, in an effort to curb the ever increasing costs of Medicare, the Federal government created  DRG’s, (Diagnostic Related Groups). These new laws forced medical providers, (initially only hospitals were affected), to accept flat fees for services that were all part of any particular group. If you refused to do so, you couldn’t be a Medicare provider, and few, if any, hospitals could see themselves surviving without those Medicare patients. Since that time, at least 7 different DRG programs have evolved to cover all the different problems faced by anyone having to bill for medical services.

Anyone see any problems with that?

Insurance companies didn’t waste much time adopting the DRG model, and soon hospitals and doctors were faced with new contracts demanding discounts on virtually every procedure.

Doctors and hospitals soon realized that they had problems, but no way to resolve it. If you refused the discounts, they simply decertified you as a provider. Watching 50% of your patients walk away because you are not accepted as a provider by their insurance company has a sobering effect upon even the most independent of doctors.

During this entire time, though, medical technology was growing at a pace unheard of previously. As computer power became cheaper, all kinds of digital image devices became more and more common, but they were all incredibly expensive. First ultrasound, then CT, then MRI, then MRA, then PET scans became the rage. It wasn’t just patients or doctors that demanded them, it was the insurance companies, trying to avoid the expensive hospital stay. Where before a surgeon might do an exploratory surgery to take out an appendix that was acting up, now a CT showed if it was actually inflamed before surgery was considered. Where virtually any orthopedic surgeon could correctly diagnose a torn ACL, now an MRI was required before surgery to make sure that was the cause.

More and more expensive tests were available, and if they are available, why not use them? Doctors rapidly grew tired of being sued, and if one of those new tests might lower that risk, you can be sure they would order it!

So we had 3 huge contributing factors contributing to the rising cost:

1) Poor education and compliance, leading people to seek medical care when it wasn’t necessary.
2) Increasingly stringent billing requirements which required larger and larger staffs to ensure compliance.
3) Increasingly sophisticated (and expensive) testing.

Factor 1 is exacerbated by those who have no idea what health care costs actually are. As an example, along with my regular job, I occasionally work in an Urgent Care owned and operated by a community hospital.  I recently saw a carpenter injured on the job. He had a fairly complex laceration that needed to be repaired, as well as a severe contusion and muscle strain. He liked his job and his employer (a small businessman), and he initially refused to complete an accident form to be filed with Labor and Industries. When I and the nurse both tried to get him to understand that if his injury caused him to lose work time his only income would come from the L&I claim, he still refused. His injury was significant, but wouldn’t probably cause long term disability. However, he said, “I’ll just pay it myself, the basic visit is only about $30 or so, right?” Both the nurse and I burst out laughing. This was a hard working guy, who probably hasn’t seen a doctor in 20 years. He had no idea that the cost of the visit would probably be closer to $400 than $40.

Another group who has no idea about costs are those insured by the government on Medicaid. They never see a bill, so why should they? I honestly believe that most of them are good people caught in tough situations, like young married students, or single moms whose spouses have disappeared, but I recognize that some of them are permanent scammers. They are the ones with Medicaid and the Cadillac Escalade in the parking lot! 

I have deliberately left out Malpractice Insurance as a contributing factor, but it does play a part also. I have also left out the impact of an aging population, because we can’t change that, (unless we decide it is patriotic to actually encourage early end of life options, a morally repugnant idea to me!)

All of these problems were exacerbated by increasingly large groups of people receiving health care from State and Federal funded programming. Why does that make it worse? Because those agencies only pay 20-60% of the actual charges. If they didn’t cover it, who did?

Well, that happened courtesy of a little ploy called “cost shifting”.

Cost shifting occurs when one or more of your insured groups doesn’t pay the entire amount due. At that point, you raise the cost of that particular issue to everyone else paying for it. So if my appendix removal cost $1000, and my State coverage paid $200, the hospital would raise the cost of my neighbors appendectomy to $1800 to cover the difference. But since my neighbors insurance only paid $1500, (because of his insurance companies demanded discount, remember?) then that $300 was tacked onto the $1800 the next guy paid. Since he didn’t have the discounted insurance plan, his entire bill of $2100 was due. He either paid it, or hoped that his insurance company would. So that initial $1000 procedure costs someone else $2100 for the same procedure!

Now, some of you are statisticians and actuaries, and I’ll readily admit that this was a gross simplification, but it is what happened and continues to happen.

Those same 3 factors continue to cause today’s problems.

The system is undoubtedly broken, and it is broken because we don’t have the guts to fix it.

So I’ve made all these simplifications and pointed out the problems, what are the solutions?

Well, there isn’t one, but there may be several things that will help to allow necessary changes that will allow access to more people, and especially to allow critical access. The fact is that each of the problems is on its face simple, but the solutions are incredibly complex, because we as country refuse to acknowledge that there will always be some rationing of care. Too many of us seem to think that if there were enough money we could fix the problem. Unfortunately, there isn’t enough money in the world to provide the very best care to everyone in the United States. Currently the care is rationed by the simple expedient of cost. If you are wealthy enough, or if you have employer provided health insurance, you have access to the most advanced medical system in the world. (Ignore ANYONE who says otherwise. Americas system is the best, bar none. Why does anyone who examines the system think otherwise? If it wasn’t the best in the world, all those wealthy Saudis, Indonesians, Kuwaitis, etc. would be going elsewhere. They aren’t!)

At this juncture someone will point out that if we have the best care, we should have the best infant mortality rates, and we should live longer than anyone else. The problem is that ACCESS does not equal results. Americans are, by nature, individualists. We don’t always want to be told what to do. Thus, our vaccination rates aren’t as high as some Third World countries because some of us CHOOSE to not vaccinate our kids. We COULD, but we don’t! The same is true for all kinds of other issues regarding health care. We COULD improve, be we are too busy, or something else has a higher priority, or there is some other problem that we deem more important, and we don’t get the care that is available.

Now back to access for a minute. You also have access to the system if you qualify for Medicare or Medicaid. Yep, that’s right, the poorest of the poor, and virtually every child has access to the system because of Medicaid. The only children that fall through the cracks are the ones with lazy, drunk, or drug addicted parents. They fall through not because coverage isn’t available, but because the adults they should be able to depend on are irresponsible. The most vulnerable of our society, it’s children and its very old, are invariably covered by some type of plan.

Let’s look at the 3 problems and see what we CAN do for them.

1) Education is critical. However, education is not covered to any extent by any plan. Getting education for diabetes, congestive heart failure, Emphysema, or any other medical condition is almost impossible on any plan. There is a reason for that. It is impossible to actually get statistical data that verifies that it improves outcomes! The system isn’t currently designed to follow up with people who receive education and see if their outcomes are better than those of people who don’t receive the counseling and education. (Dirty secret number one: Contrary to what they say, no insurance company really cares what the outcomes are! The reason is simple. You aren’t going to statistically affect their bottom line! You are going to have your greatest expenses in the last couple years of your life, and that won’t happen on their plan. It will happen on Medicare’s dime! This is how insurance companies work, they analyze the risk, determine the actuarial costs, and then charge the premiums required to cover the costs. They are VERY good at it! They got burned in the 80’s and early 90’s because the rapid advance and cost of technology screwed the tables, but they have it figured out now.) Here is an example of how good they are: I prescribed a once daily medicine for a patient. It was less expensive than most similar medicines, and in a rare twist, it was actually cheaper than the twice daily version of the same medicine. From my view that is a win/win/win. It has been proven that patients are more compliant with once daily medicines, so I win. The patient wins because he feels better and has only one pill and the insurance company wins because it is cheaper, right? Wrong! The insurance company approved only the twice daily version. I finally got an honest answer from a pharmacist I had known for years at the company. The company had examined their refill data. On the once daily medicine, refills happened every 33 days on average. On the twice daily medicine, refills happened every 46 days. The insurance company benefitted because people forgot to take their medicine! So, any plan that actually will improve long term outcomes must provide for education AND a way to track outcomes after that education.

2) In the last 30 years the number of claims people, analysts, customer service reps, management for those people, and management for the managers at insurance companies have skyrocketed. All those people have to justify their jobs. How do they do it? Just like all good bureaucrats! They request more and more paperwork. Most offices have a 4 or 5 to 1 ratio of employees to Doctor or provider. One of those is the nurse, all the rest are paper pushers. If there are two or more providers in an office, you can bet that there will be at least one nurse whose job is making sure that all the requested tests, Xrays, referrals and other paperwork is completed so that all the insurance companies are happy. On average, every insurance company has twice the number of staff that the office has. All those people provide absolutely NOTHING to the care of the patient, but they all have to be paid! If we are to have any hope of improving the system, we have to cut out all the middlemen and women who just handle paper.

3) This one is tough! All those tests do have their place, but they must be used wisely. Unfortunately, they aren’t. They are used as “shark repellant”. Medical providers no longer order them because they will actually help us, (though sometimes they do), they are ordered because it keeps the lawyers at bay. “See, I ordered all the appropriate tests and they were all negative. I had nothing to go on that might have indicated that Mr. Smith had appendicitis.” Unfortunately, what Mr. Smith had was a gall bladder attack, and none of the tests actually showed that! Of course a good exam might have triggered that as the cause for his complaint, but since insurance companies demand tests, sometimes the exam is underappreciated. Doctors, PA’s, and NP’s, are trained to do good exams and to ask questions, but that information doesn’t always fit into what insurance companies want. Providers are paid for their judgment, why not actually listen to it? We don’t treat tests, we treat patients!! In all my time in practice, I have yet to run across an appendicitis that I didn’t diagnose BEFORE the CT was done, but we added that $1000 cost just to be sure, for the insurance company. In all my time in practice, I’ve never found an ACL tear on MRI that I wasn’t sure was an ACL tear before the MRI, but we added $1500 to the bill to prove it. IF a PA like myself can do it, it is a certainty that surgeons and orthopedics specialists will be even better!

So my solutions:

1) Make education a requirement for patients, and then pay for it. No education, no medicine, no treatment. Make patients responsible for their care.
2) Make paperwork less burdensome. The vast majority of paper pushing employees can be done away with.
3) Make all these high tech tests less important and rely on judgment more. That’s why we spent all those years in school. Those tests help a lot when we are unsure, but doing them for everyone isn’t the best way to solve the problem, trained judgment is!

The final answer is this: Patients MUST be made accountable for their own care. Financial responsibility is the first leg of that table. Quit allowing people to get care with no out of pocket cost. EVERY adult should have to pay something for every visit. Children are more vulnerable, so that rule can’t apply to them. NO adult should be insulated from the costs of healthcare. Not knowing the costs leads to abuse. People that abuse the system should be punished in some way. The biggest fraud being perpetrated is by people with government benefits who use the system inappropriately. As I stated earlier, most of them need the care. However, far too many simply abuse the access given to them by the government.

Ok, this got much longer than intended, I told you it was tough to summarize!!

It appears we are in a bad situation because we have a very strong tendency to apply small tweaks to the system rather than do a complete rewrite.

I keep thinking, “The road to Hell is paved with good intentions”, and we are on the fraking Freeway of the Reich to hell with the pedal to the metal, no speed limit, and the exits require you slow down to 10 MPH in order to even see them.

Firearms Freedom Act website

Your source for information on states giving “a symbolic middle finger to Washington” is the Firearms Freedom Act website.

Via David.

Our future

Orwell was right:

£400 million ($668 million) will be spend on installing and monitoring CCTV cameras in the homes of private citizens. Why? To make sure the kids are doing their homework, going to bed early and eating their vegetables. The scheme has, astonishingly, already been running in 2,000 family homes.

It gets worse. The government is also maintaining a private army, incredibly not called “Thought Police”, which will “be sent round to carry out home checks,” according to the Sunday Express. And in a scheme which firmly cements the nation’s reputation as a “nanny state”, the kids and their families will be forced to sign “behavior contracts” which will “set out parents’ duties to ensure children behave and do their homework.”

And remember, this is the left-wing government. The Shadow Home Secretary Chris Grayling, batting for the conservatives, thinks these plans are “too little, and too late,” implying that even more obtrusive work needs to be done. Rumors that a new detention center, named Room 101, is being constructed inside the Ministry of Love are unconfirmed.

He was off by a few years, but hey, he wrote Nineteen Eighty-Four in 1949. I have trouble predicting technology or politics even five years in advance.

Update: Phil has more and this link to another article. For some reason I find it amusing and appropriate the government bureaucrat doing this is “Children’s Secretary Ed Balls”.

However, in the comments there appears to be some question about the truthfulness of the report:

IS THE DAILY EXPRESS MAKING THIS UP?

04.08.09, 4:04pm

This announcement has been reported elsewhere (eg see Daily Mail, The Times) but no-one else has mentioned anything about CCTV being involved. Especially not in people’s own homes.

For instance, check the offical government announcement here:
http://www.respect.gov.uk/members/article.aspx?id=8678
http://www.respect.gov.uk/members/article.aspx?id=8846

Apparently, in very extreme cases familes may be moved from estates to ‘core residential units’ for 24 hour support and supervision, but this is very different from the alarmist report of the government planning to put “20,000 problem families under 24-hour CCTV super-vision”

So, to cut a long story short, the Daily Express seems to have misunderstood this initiative somewhat. Which is a shame because this report has been picked up and discussed all over the internet over the last few days.

Health care thoughts from Barbara

There are multiple reasons that I fear the thought of government controlled health care.

  1. Your choices will be taken away from you. The government programs does not take into consideration individual needs, they make decisions only as a general rules that apply to each person despite what is best for the specific person–except for themselves. I am sure they will always be able to get around the rules they make for other people. They are already making decisions for you, not the health care person who knows what the situation is.
  2. I have worked with nurses and doctors from Canada. Each nurse at our hospital takes care of 4-5 people at a time plus they have aides. Nurses are your first line of defense in the hospital, they are the ones that are there to make important decisions for you–call the MD, send you to the critical care unit, etc. The Canadian nurses said that they may have more than 10 patients and not enough aides. One nurse said that she is sure that people died because they didn’t have time to assess the situation for the patients in critical need. Plus the ER was flooded with patients with sore throats and ear aches so that the ER Staff didn’t have time to assess who had the critical needs. After all, health care is free so why not just go to ER and not wait until the next day?
  3. It appears to me that people who have free health care take advantage of it. The big example is welfare/Medicaid patients. They have poor health habits, little carry through on instructions. In home health we disliked getting Medicaid patients, not because they were poor, but because of their “give me attitude”. Give me the best of care because “I” am just as good as you and I want everything but I don’t want to take care of myself. These patients are often “frequent fliers” who come in to get their COPD (Chronic Obstructive Pulmonary Disease), diabetes or drug and alcohol dependencies under control. We clean them up, “save” them, send them home, and they are back in a few months. These people burn up so much money for health care but, hey, its “free” so no problem for them. In contrast, people on Medicare, they earned it by working all their lives–no it’s not a great system either but people did earn it–just want to get better and get out of the hospital or out of home health because they have a life they want to go back to. They generally follow instructions better and don’t return to the hospital over and over again. In general they are a pleasure to care for because they appreciate their health care.
  4. The government screws up so many things. They hire more and more layers of administration and they still can’t get it right. Plus there will always be people who learn how take advantage of the system so they will have to hire more and more non-medical people to police the system but they usually only hurt the people who are trying to follow the rules. You can’t imagine how much paperwork we have to fill out to see Medicare and Medicaid patients plus the charting that is required on all patients.
  5. Good MDs and health care workers are the frogs that are starting to boil. You don’t know the early and late hours these rural MDs are working or the piles of paperwork sitting on their desks. They are not making big money but they work the “big” hours. Government will not run this system efficiently. There will not be incentives for the really bright people to go into medicine–nope they are not that stupid. Seriously I think that will we will have an even greater shortage of MDs and other medical staff. But don’t worry they are accepting people–minorities–into medical programs who actually need remedial help passing tests. Now that makes me feel better about our health care.

When the government takes over we can look forward to poor health care for everyone.