Federal power can have a corrupting influence on state policy.
That’s a lesson from the past that’s still relevent in the present, as this week’s Watchdog Podcast explores.
Host Eric Boehm sits down with Chris Koopman of the Mercatus Center to talk about the history of Certificate of Need laws for health care.
It begins in the 1960s. That’s when the first few states enacted such laws, lead by New York in 1964.
At first, the CON laws were pretty simple. New York’s required a permit from the state government before new hospitals or nursing homes could be built. In 1972 Congress issued a mandate requiring all states to pass a rudimentary CON law. Two years later, the federal government doubled down with the National Health Planning and Resources Development Act, mandating that states implement CON requirements in order to receive funding through federal programs such as Medicaid.
One problem: it didn’t work. By the mid-1980s, some states began repealing their CON laws, even under the threat of losing federal funds. In 1987, Congress repealed the 1974 act and left states to decide for themselves how to proceed. Today, 36 states still have CON laws on the books.
“It shows the sticky-ness of bad policy.”‘ Koopman says.
But today, we’re still letting the federal government dictate policy. Just this week, President Barack Obama announced a series of new gun control policies that he hopes to implement, bypassing Congress.
Watchdog’s Matt Kittle joins the podcast to talk about how Speaker of the House Paul Ryan (R-Wis.) responded to the president’s plan. More importantly: If the executive branch can ignore the legislative branch on issues as sensitive as the Second Amendment, have we reached a new level of federal power?