HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

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

Views:970
@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
    1026 views
    Thumbnail for The Bill Gates of Hell: Pimptard-Wifestitute | Grunt Speak Highlights16:21
    The Bill Gates of Hell: Pimptard-Wifestitute | Grunt Speak Highlights
    Terrence Popp
    1190 views
    Thumbnail for Texas Nurse Sues Feds Over Abusive Civil Forfeiture Practices1:13
    Texas Nurse Sues Feds Over Abusive Civil Forfeiture Practices
    IJvids
    709 views
    Thumbnail for Kill 'em all | Jehtt0:43
    Kill 'em all | Jehtt
    invidious
    274 views
    Thumbnail for CCTV footage from Manchester Airport has been released, showing the moment migrant men attacked 3 police officers, breaking the nose of a female officer.0:29
    CCTV footage from Manchester Airport has been released, showing the moment migrant men attacked 3 police officers, breaking the nose of a female officer.
    bestofupgoat
    184 views
    Thumbnail for @Zyklonbeekeeper smells like bear0:46
    @Zyklonbeekeeper smells like bear
    bestofupgoat
    124 views
    Thumbnail for Ice age is coming, resistance is futile!2:15
    Ice age is coming, resistance is futile!
    bestofvoatxyz
    734 views
    Thumbnail for Beats niggerball any day.0:07
    Beats niggerball any day.
    AOUisgay
    439 views
    Thumbnail for Amnesia: The Dark Descent - Walkthrough - Part 6 - Scary Let's Play (Gameplay/Commentary) [PC] | theRadBrad18:56
    Amnesia: The Dark Descent - Walkthrough - Part 6 - Scary Let's Play (Gameplay/Commentary) [PC] | theRadBrad
    invidious
    350 views
    Thumbnail for Fistful of Meth #truckersong #trucking #trucker | Lost Library of Congress Recordings2:30
    Fistful of Meth #truckersong #trucking #trucker | Lost Library of Congress Recordings
    invidious
    153 views
    Thumbnail for bear1:08
    bear
    bestofupgoat
    162 views
    Thumbnail for Vroom...Vroom...safety vehicles are on board to serve you | BillionSurpriseToys  - Nursery Rhymes & Cartoons1:00
    Vroom...Vroom...safety vehicles are on board to serve you | BillionSurpriseToys - Nursery Rhymes & Cartoons
    invidious
    340 views
    Thumbnail for Shitskin FAFO0:41
    Shitskin FAFO
    bestofupgoat
    411 views
    Thumbnail for Ex-Hasidic Jewess Teaches Us How They Network and Earn a Living. Mostly Common Sense, But a Couple of Clips Within That I Found Amusing.1:00
    Ex-Hasidic Jewess Teaches Us How They Network and Earn a Living. Mostly Common Sense, But a Couple of Clips Within That I Found Amusing.
    bestofupgoat
    202 views
    Thumbnail for The WHITEST Part of England? - Nigel Ng (aka Uncle Roger)6:22
    The WHITEST Part of England? - Nigel Ng (aka Uncle Roger)
    AOU
    1282 views
    Thumbnail for Entrepreneurs Challenge Unconstitutional Ferry Monopoly on Lake Chelan2:11
    Entrepreneurs Challenge Unconstitutional Ferry Monopoly on Lake Chelan
    IJvids
    937 views
    Thumbnail for Why Bitcoin is Here to Stay: Q&A with Jerry Brito5:20
    Why Bitcoin is Here to Stay: Q&A with Jerry Brito
    ReasonVids
    863 views
    Thumbnail for Cake 🍰😂😂 | Tibo InShape0:27
    Cake 🍰😂😂 | Tibo InShape
    invidious
    340 views
    Thumbnail for Whoa, Black Betty...0:18
    Whoa, Black Betty...
    Lilchowmein
    3197 views
    Thumbnail for How Whites Conquered America (cartoon By White Rabbit 2015)16:19
    How Whites Conquered America (cartoon By White Rabbit 2015)
    bestofvoatxyz
    916 views
    Thumbnail for DIY face masks in 10 seconds & improve cheaper masks #coronavirus #facemask | Genius Asian4:28
    DIY face masks in 10 seconds & improve cheaper masks #coronavirus #facemask | Genius Asian
    diy.topic
    817 views
    Thumbnail for Uses (and Misuses) of Amicus Briefs37:56
    Uses (and Misuses) of Amicus Briefs
    IJvids
    997 views
    Thumbnail for Citadelle des Morts Cinematic | Call of Duty: Black Ops 6 Zombies | Call of Duty1:55
    Citadelle des Morts Cinematic | Call of Duty: Black Ops 6 Zombies | Call of Duty
    invidious
    132 views
    Thumbnail for The Whitest Kids U'Know Season 4 Episode 523:31
    The Whitest Kids U'Know Season 4 Episode 5
    wkuk.topic
    473 views
    Thumbnail for 5 Facts About Govt Spending: Nick Gillespie at Reason Weekend 201238:27
    5 Facts About Govt Spending: Nick Gillespie at Reason Weekend 2012
    ReasonVids
    905 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