One of the most irritating problems in Mississippi’s healthcare sector is the Certificate of Need (CON). A CON is a legal document required before proposed acquisitions, expansions, or creations of healthcare facilities are allowed. They can be issued by a government regulatory agency with authority over an area to affirm that the plan is “required to fulfill the needs of a community.” If it doesn’t, then the entity applying will not be allowed to continue their business. Does that not sound like central planning (i.e., the Soviet Union)?
While socialism is not equivalent to a planned economy, a key aspect of the ideology involves the replacement of a market system with some form of central planning in order to achieve coordination of the economy. The goal of such a system would be to achieve conscious control over the economy to prevent surplus, inflation, rising prices, etc. While this sounds like a nice idea, of course, we know this doesn’t work. The same can be said for CON laws.
Several factors spurred the U.S. Government (which later backtracked and got out of the CON business, as they saw it didn’t work) and states to require CONs in the healthcare industry. Chief among these was the concern that the excessive establishment of healthcare facilities would cause competitors in an oversaturated field to cover the costs of a diluted patient pool by unnecessarily diagnosing procedures and hospital stays, thereby overcharging. The problem is that you cannot – just like an economy – predict markets for goods and services. People should be free to operate a healthcare facility (and any other business, for that matter) and people should be able to freely choose if they want to use that healthcare facility, or not. It's just that simple and just that moral.
Numerous studies have shown that CON laws do not live up to their original goals, but instead – just as Soviet planning led to low-quality products and other negative outcomes – decrease access to healthcare, increase costs for consumers, and limit competition.
In 2016, the Federal Trade Commission and the U.S. Department of Justice issued a joint statement, concluding, “CON laws, when first enacted, had the laudable goals of reducing healthcare costs and improving access to care. However, after considerable experience, it is now apparent that CON laws can prevent the efficient functioning of healthcare markets in several ways that may undermine those goals. First, CON laws create barriers to entry and expansion, limit consumer choice, and stifle innovation. Second, incumbent firms seeking to thwart or delay entry or expansion by new or existing competitors may use CON laws to achieve that end. Third, CON laws can deny consumers the benefit of an effective remedy following the consummation of an anticompetitive merger. Finally, the evidence to date does not suggest that CON laws have generally succeeded in controlling costs or improving quality.”
At the Mississippi Center for Public Policy, we are fighting against this socialist-like mandate by advocating for the repeal of the state's Certificate of Need law, as well as the 40-year-old moratorium set on the issuance of new certificates for home health agencies, which the Mississippi Justice Institute has recently made great progress on. Especially, at a time when we need more healthcare providers than ever, we should make it easier for them to operate and easier for patients to receive care.
As the 2022 Mississippi Legislative Session continues, you can keep up with measures to expand healthcare in a truly free market way by watching our Legislative Tracker.
The United States has seen a notable increase in home-based businesses in recent years. However, despite their potential to grow incomes and expand opportunities, many local regulations have hamstrung these businesses. The Mississippi Senate and House both have bills introduced to address these issues, thanks to the initiative of Senator Daniel Sparks and Representative Jansen Owen.
According to 2016 pre-pandemic data from the Small Business Administration, approximately 50 percent of all small businesses are home-based. In the wake of greater familiarity with working from home brought on by the pandemic, in conjunction with many starting their own businesses, the evidence suggests that these numbers have only increased.
As people harness the power of new technologies and leverage opportunities for growth, small business owners have been able to build home businesses that can provide supplemental or even primary income. In many cases, home businesses eventually expand and grow to full-scale operations with offices, warehouses, and dozens of employees.
In addition to the immediate benefits for small businesses, many of these small businesses eventually become mid-sized companies or even multi-billion dollar corporations. Amazon, Hobby Lobby, Microsoft, Google, Dell, Disney, and a host of other companies started out small in garages, houses, apartments, and dorm rooms.
Despite all of the potential behind home-based businesses, the need for a friendly regulatory environment is stronger than ever before. A study conducted by the Center for Growth and Opportunity at the Utah State University found that many cities and local governments have zoning laws, permit fees, and a tangle of other regulations that make launching a home-based startup all the more difficult.
Such regulations have included local ordinances against home-based businesses having employees, bans on customers coming to the home, and commercial building requirements. According to another report on the issue from the Cato Institute, 18 states have passed laws reducing such burdens on home-based businesses. Such laws have helped home-based business models ranging from music lessons to cottage food sales.
The bills in the legislature would accomplish such protections in Mississippi. Senator Daniel Sparks' Home Business Relief Act and Representative Jansen Owen's Home-based Opportunity Freedom Act would both explicitly establish that arbitrary fees and regulations cannot single out home-based businesses.
It's time for Mississippi to step up to the plate and enact policies to protect home-based businesses from excessive local regulations. It should not be a crime or a privilege to practice entrepreneurship in your home. This legislation would ensure that Mississippians are protected from government intrusion as they pursue opportunities through home-based businesses.
The Mississippi Center for Public Policy approves of this legislation and will continue to update you as the 2022 Mississippi Legislative Session continues, and you can keep up with measures by watching our Legislative Tracker.
It would be an understatement to say that the number of regulations in Mississippi is immensely high. But Senator Kevin Blackwell has introduced legislation to proactively lower that number. Senate Bill 2162 would require several state agencies to repeal two regulations for every new regulation.
While many regulatory reforms have addressed regulatory burdens in certain areas, policies have seen success in other states due to the numerical nature of the reform. While certain reforms that single out specific regulations are laudable, this legislation is unique in that it addresses the bigger picture behind regulatory burdens as a whole.
A study by the Mercatus Center at George Mason University found that there are “117,558 restrictions and 9.3 million words. It would take an individual about 518 hours—or almost 13 weeks—to read.” Such regulations have been brought about over several decades, with some dating back to the 1950s.
While such a gargantuan number of regulations can seem daunting, regulatory excesses have been tackled before using policies similar to SB2162. In 2017, the Trump Administration incorporated a similar “one-in-two-out” policy and other reforms with the aim to reduce federal regulations. According to a report from the Heritage Foundation, these reforms led to reduced regulatory burdens and saved the American economy billions of dollars in regulatory costs.
The same is true on a state level. While individual repeals of such regulations can be extremely helpful in many cases, Mississippi needs an overhaul of its entire regulatory system that is based upon empirical data and facts. As the state of Mississippi turns the page into the 2020s, it is time for any new regulations to start clearing away old regulations. In addition, Blackwell’s legislation does not just replace old regulations with new ones. There is a 1:2 ratio for the number of new regulations versus the reduction in existing regulations. The time has come for Mississippi to do some regulatory clean-up and clear away the tangle of regulations that have built up over the years and threaten to clog economic growth. Senator Blackwell is to be commended for introducing this legislation that could serve as a real catalyst for regulatory reduction and economic prosperity.
The Mississippi Center for Public Policy approves of this legislation and will continue to update you as the 2022 Mississippi Legislative Session continues, and you can keep up with measures by watching our Legislative Tracker.
Over the course a Man's history on Planet Earth, there have always been two mindsets on how to run things: control and empowerment.
A Stand Togther video goes in depth into the ideals of these factions. The "control" view, the narrator says, "is rooted in a deep skepticism of human beings." The control views basically says that the only way for the masses to function is to be led by a small group of the "smartest" and "best" – It's like sheep with a shepherd. This, of course, has been the status quo since, essentially, the dawn of civilization. You can clearly see these roots in absolute monarchies, dictatorships, etc.
On the other hand, you have the "empowerment" view. The narrator goes on to explain that it believes "we all have dignity and worth, and that every individual has something to contribute." The most expansive example of this, he says, comes in 1776, and I couldn't agree more. The signing of the Declaration of Independence set America (and by example, the world) up as a bottom-up system. Every individual is important, and with them, the greater society benefits.
This truly correlates with the idea of free markets. Thomas Edison, Steve Jobs, and Lonnie Johnson are all American examples of this. Thomas Edison invented the electric light bulb after countless failures. Steve Jobs helped make personal computers affordable for the average person. Lonnie Johnson, an aerospace engineer, invented the Super Soaker water gun, which has been among the world's bestselling toys ever since. These three men and their inventions, wealth, contributions to society, and society's benefit(s) from them have all been products of the free market.
Despite the ups and downs of a market-based economy – which I happen to think is the beauty of it, anyway (It's trial and error, which increases competition, if not with a competitor, your own product) – , the principles and lessons of a liberal economy have been understood and successfully implemented by a significant number of countries around the globe. Economic freedom alleviates victims of poverty, encourages the betterment and innovation and progress of oneself, and ensures greater societal progress. It's critical to generating the broader-based economic growth that brings more prosperity and opportunities for a greater number of people to work, produce, and save. It's no wonder "communist" countries like China and Cuba have integrated portions of capitalism into their brand of the the left-wing ideology.
Advancing the free market is the most effective way to challenge big government and concentrated power, the status quo. At the Mississippi Center for Public Policy, we're fighting for it.
As the 2022 Mississippi Legislative Session continues, and you can keep up with measures to expand economic liberty by watching our Legislative Tracker.
It has undoubtedly been an eventful week here in Jackson. I want to make sure that y’all get a transparent view into what’s happening with the legislature at the moment. Hopefully, you will find this insight helpful…
Here’s the good, the bad, and the interesting:
The Good:
- The House voted overwhelmingly to eliminate the income tax with the passage of the Mississippi Tax Freedom Act of 2022. This is a sweeping move that would allow Mississippians to keep more of their own money. It also slashes the car tag rate and grocery tax, further ensuring that all Mississippians benefit from this approach to tax reduction.
- SB 2162, introduced by Sen. Kevin Blackwell, would create a pilot program to require certain agencies to develop a comprehensive regulatory catalog and to not introduce a new regulation without first getting rid of two or more regulations.
- HB415, SB 2186, SB 2089, and SB 2424 introduced by Rep. Nick Bain, Sen. Angela Hill, Sen. Chris McDaniel, and Sen. Dennis DeBar respectively would all place limitations on the salary of the State Superintendent of Education. I’m glad to see these efforts to reel in administrative spending. To read more about the largesse that exists in many public salaries, check out our Fat Cat Report here.
- SB 2434 from Sen. Jeremy England would have school districts make lesson plans publicly accessible. This would be an astounding move of transparency that would give parents a clearer view into what their children are learning and give teachers across the state a means of lesson sharing.
The Bad:
- HB 108 would expand the state’s Medicaid system. On average, 25% of current Medicaid payments across states are made wrongfully. Why would we expand a failing system?
The Interesting:
-The Senate voted to send the Mississippi Medical Cannabis Act to the House for consideration. While the bill establishes a medical marijuana program in the state, it also places significant taxes on the industry.
- HB 645 would require sellers to let folks know if a mattress was previously owned. I wouldn’t sleep on this piece of legislation, just as I’d prefer knowing if a mattress I bought had already been used!
As bills move through the legislative process, you can stay updated on them, learn about what they do, and find out how your legislators are voting through our Legislative Tracker.
If you have any questions or comments, please let me know! We’ll continue this fight for liberty in Mississippi together.
All the Best,
Hunter
Members of the Legislature have introduced legislation that would bring major reform to the State's educational system by changing just a couple of things.
In the Senate, Senator Jeremy England (R-D 51) introduced legislation that would require public schools to make their educational material easily accessible to the general public. SB 2434 would be a major step in the right direction, as providing academic transparency is a key part in exposing the left-wing bias most, if not all, educational systems have (i.e., Critical Race Theory). Parents and taxpayers have a right to know exactly what their children are being taught and what their money is being spent on.
In regards to capping educational Fat Cat salaries, their has been numerous legislation pieces introduced from both chambers.
In the House of Representatives, Representative Nick Bain (R-D 2) authored HB 415 which would align the salary of the State Superintendent of Public Education's $300,000 salary to no more than 150% of the Governor's $122,160 salary. Back in the Senate, Senators Angela Burks Hill, Chris McDaniel, and Dennis Debar, Jr. have introduced similar legislation that would either require a limitation on the State Superintendent's salary or that it should not exceed the Governor's. Too much of our education budget is spent on administrative costs and bureaucratic salaries. We support efforts to ensure that more money goes into the classroom instead.
While just two examples of reforms that could be coming to public school classrooms and the system, we believe they would be an incredible help in transparency, getting parents and others more involved in the education of the Magnolia State's future, and keeping more money in the classroom (instead of someone's pockets).
The Mississippi Center for Public Policy approves of these introductions and will continue to update you as the 2022 Mississippi Legislative Session continues, and you can keep up with measures by watching our Legislative Tracker.
FOR IMMEDIATE RELEASE
(Jackson, MS): Today, the United States Supreme Court issued an administrative stay temporarily halting enforcement of the Biden Administration’s vaccine mandate for private employers, which has been challenged in court by multiple states and private employers, including Gulf Coast Restaurant Group which is represented by the Mississippi Justice Institute (MJI).
The mandate requires companies with over 100 employees to force their employees to be vaccinated, or be subject to weekly testing and constant mask wearing – on pain of losing their job. Companies can face fines of up to $14,000 per violation for failing to enforce the mandate.
The mandate was scheduled to take effect on January 10, 2022. However, the Court’s administrative stay prevents the Biden Administration from taking any steps to enforce the mandate while litigation continues to determine whether the mandate is lawful.
“This decision is a major victory in our client’s fight against the Biden Administration’s unconstitutional vaccine mandate,” said MJI Director Aaron Rice. “We will continue fighting against the private employer mandate and we have every confidence that the Supreme Court will put a permanent stop to this unprecedented federal overreach.”
The Mississippi Justice Institute is a non-profit, constitutional litigation center and the legal arm of the Mississippi Center for Public Policy.
For media inquiries, please reach out to Stone Clanton, [email protected].
Yesterday, the House of Representatives passed HB 531 to repeal the Mississippi income tax.
HB 531, also known as the "Mississippi Tax Freedom Act of 2022," was principally authored by Speaker Philip Gunn, along with Representatives Lamar, White, Steverson, Barnett, Massengill, Bain, Newman, Rushing, Kinkade, Morgan, Pigott, J. Ford, Calvert, Smith, Creekmore IV, Goodin, Tullos, Carpenter, Hood, Oliver, Robinson, and Boyd.
Similar to the 2021 income tax elimination House bill increases the tax exemption available to Mississippians (for single workers, the exemption would go up from $6,000 to $37,700 and for married workers, from $12,000 to $75,400). The remainder of the income tax elimination would occur in subsequent years by allowing a 1.5% rate of growth in spending but applying any revenue collected over that rate to increase the exemption until the tax is completely repealed. The Increases the sales tax rate is still there, though the offset is a full percentage point lower. The new bill also still reduces the grocery sales tax rate in subsequent years.
This year’s bill does have some differences, though, including the omission of the special interest sales tax rate increases. Additionally, this year’s plan supplements counties from the state to allow for a 35% reduction in car tags. Both of these are major improvements to the bill, as well as the reduction in increase in the proposed sales tax rate.
We applaud the efforts to abolish this awful levy, as we believe repealing the state income tax would be both a moral and economic good, leading to higher incomes, competitiveness, and prosperity for all Mississippians!
The Mississippi Center for Public Policy approves of this legislation and will continue to update you as the 2022 Mississippi Legislative Session continues, and you can keep up with measures by watching our Legislative Tracker.
FOR IMMEDIATE RELEASE
(Jackson, MS): Yesterday the Mississippi House of Representatives voted to repeal the state income tax with HB 531. The Mississippi Tax Freedom Act of 2022 was principally authored by Speaker Philip Gunn, along with Representatives Lamar, White, Steverson, Barnett, Massengill, Bain, Newman, Rushing, Kinkade, Morgan, Pigott, J. Ford, Calvert, Smith, Creekmore IV, Goodin, Tullos, Carpenter, Hood, Oliver, Robinson, and Boyd.
The Mississippi Center for Public Policy welcomes this early "victory" as a sign of hope and a mark of achievement on the 2022 Freedom Agenda.
Similar to the 2021 income tax elimination House bill:
- Increases the tax exemption available to Mississippians. For single workers, the exemption would go up from $6,000 to $37,700 and for married workers, from $12,000 to $75,400.; The remainder of the income tax elimination would occur in subsequent years by allowing a 1.5% rate of growth in spending but applying any revenue collected over that rate to increase the exemption until the tax is completely repealed.
- Increases the sales tax rate.
- Reduces the grocery sales tax rate in subsequent years.
This year's bill does have some differences, though, including the omission of the special interest sales tax rate increases. Additionally, this year's plan supplements counties from the state to allow for a 35% reduction in car tags.
“Three cheers to the House of Representatives for voting to abolish the state income tax!” said Douglas Carswell, President & CEO of the Mississippi Center for Public Policy. “Our state needs a boost, and getting rid of the state income tax will give every Mississippi worker a tax break and help our economy to become more competitive. Neither Texas, Tennessee, nor Florida have a state income tax – and they are thriving. Scrapping Mississippi’s state income tax would help lift up our state.”
Senior Director of Policy & Communications Hunter Estes said, “This directly allows hard-working Mississippians to keep more of their own money, which is an idea everyone should be able to get behind. We're hopeful the Senate will pass this major legislation, too.”
The Mississippi Center for Public Policy believes repealing the state income tax would be both a moral and economic good, leading to higher incomes, competitiveness, and prosperity for all Mississippians!
For media inquiries, please reach out to Stone Clanton, [email protected].