House Bill 1214, sponsored by Rep. Lee Yancey, would repeal Certificate of Need laws in Mississippi. CON laws work to stifle competition, limit choice, and raise the cost of healthcare for consumers.
CON laws require would-be medical providers to prove — essentially to their competitors — that their community needs a new facility or service. The equivalent in the computer business would be a law prohibiting a startup (i.e., Apple) from entering the market without permission from IBM. Such a law would have prevented Apple from ever getting off the ground, making the iPhone revolution very unlikely. Just as competition in the computer industry has helped billions of consumers worldwide, repealing CON laws will increase the quality of healthcare for millions of Mississippians.
CON laws are a relic of a short-lived federal mandate that was repealed in 1986. After an initial push in the states to roll back these laws, lawmakers have been reluctant to challenge hospital monopolies. Rising healthcare prices, as well as rapid advances in technology, are encouraging state lawmakers to realize that CONs are harmful. In 2019, Florida repealed its CON law for hospitals and tertiary services. Likewise, Georgia recently reformed its CON laws.
Fifteen states currently have no CON laws. Both the Trump and Obama administrations have strongly urged states to repeal CON laws.
The Mississippi Department of Health is the central planner tasked with administering the state’s CON program. The Department’s CON Review program applies to “the establishment of new healthcare facilities, the offering of defined new institutional health services, and the acquisition of major medical equipment.” Some of the covered services include: Open heart surgery, in-patient rehabilitation services, chemical dependency services, radiation therapy services, diagnostic imaging, nursing home care, home health services, ambulatory surgical services, and long-term care hospital services. In some cases, such as for skilled nursing facilities, no CONs are being issued at all due to prohibitions enacted in the early 1980s.
Recent studies by economist Thomas Stratmann demonstrate that non-CON states have more hospital beds per capita, more rural hospitals, and more access to MRI machines. Stratmann also found that healthcare providers in CON-law states “tend to provide lower-quality services” and that “deaths from treatable complications following surgery and mortality rates from heart failure, pneumonia, and heart attacks are all significantly higher among hospitals in CON states than in non-CON states.”
Far from improving healthcare outcomes for the poor, as some claim, CON laws actually have a disproportionate impact on low-income consumers. They also correlate with negative healthcare outcomes for minorities. Researchers have found no evidence that CON laws result in more uncompensated/charity care — a supposed benefit derived from protecting hospital monopolies in low-income and rural areas.
This bill would require a three/fifths vote for passage.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read HB 1214.
Track the status of this bill and all bills in our legislative tracker.
Lottery tickets will go on sale next week in Mississippi a short 15 months after the legislature legalized a state lottery in the 2018 special session.
Mississippians will be able to purchase scratch-off tickets beginning on November 25 at one of more than 1,200 retailers statewide. Power Ball and Mega Millions tickets, the multi-state games known for big payouts that have at times surpassed $1 billion, will go on sale later in 2020.
But you need to be older in Mississippi than most other states to purchase lottery tickets. The minimum age is 21. Arizona, Iowa, and Louisiana are the only other states that require you to be 21 to buy tickets. You have to be 19 in Nebraska. Every other state sets 18 as the age minimum.
That includes Arkansas and Tennessee. Mississippi’s other neighbor, Alabama, is one five states that do not have a state lottery.
The bulk of lottery profits in Mississippi – the first $80 million – will be directed toward infrastructure projects. Additional money will go toward education, which is traditionally the primary funding recipient from most lotteries.
Mississippi took a long and windy road toward a lottery
In 1992, voters in Mississippi cleared the way for a lottery by amending the state constitution to allow for a lottery, but there was little interest from the legislature over the next two plus decades. Especially with the creation of casinos along the Coast and Mississippi River and the revenue that gaming promised.
But that changed in 2018. For years, stories regularly ran of Mississippians crossing state lines to purchase lottery tickets as jackpots crept up. Popular support appeared to be on the side of a lottery. Many Republicans were outspoken in their support. And Gov. Phil Bryant came out in favor of a lottery and it became a solution for more transportation funding. And in August of last year, the legislature legalized a lottery in Mississippi.
But even that wasn’t easy. The House initially voted against the lottery conference report in a bipartisan vote of 61 opposed and 53 in favor. Legislators got another stab at it and it passed the House 58 to 54 on the second vote. It was an odd-looking board with the speaker and speaker pro tempore voting against it, but in the end the bill was adopted.
And Mississippians will soon be buying lottery tickets. If they’re 21.
Dipa Bhattarai is suing the state so she can have the right to earn a living eyebrow threading without having to take hundreds of hours of irrelevant classes. She's not the only one having to jump through unreasonable hoops. Mississippi is one of the least economically free states according to an annual study by the Fraser Institute.
The Fraser Institute released its Economic Freedom of North America 2019 report Thursday and Mississippi was ranked 42nd with a score of 5.3 out of 10, ahead of only Kentucky, California, New Mexico, Oregon, Vermont, Alaska, West Virginia, and New York.
The study measures economic freedom in terms of three categories: government spending, taxes, and regulations and uses data from 2017, the most recent year data was available for all jurisdictions.
Mississippi ranked 44thin government spending, 36th in taxes and 40thin labor market freedom.
According to data from the Bureau of Labor Statistics, 20.5 percent of those employed in the state in work for a division of government, be it federal, state or local.
This figure outstrips manufacturing, retail, and food services.
The non-partisan Tax Foundation rated Mississippi 31stin its annual Business Tax Climate Index, with the state having the 10thlowest corporate tax rate while having a mid-pack (27th) individual income tax rate. The state’s sales tax was 34th highest in the nation while the property tax rate was 37thworst.
According to the Mercatus Center at George Mason University, the state’s regulations contain 117,558 restrictions and 9.3 million words. It’d take an individual 518 hours (or about 13 weeks) to read the state’s administrative code.
New Hampshire and Florida were the top two states in the Fraser Institutereport, which also uses the same metrics to measure economic freedom in states in Mexico and Canadian provinces.
Mississippi was ranked as one of the “Least Free” among the states by the Fraser Institute’s annual report, a place it has been all but two years since 1998. Mississippi’s 42nd ranking was the same as last year, when Mississippi scored a 5.2 out of 10.
Mississippi’s neighbors are doing much better in the rankings, as Alabama was ranked 35th(5.8 total score out of 10), Arkansas 32nd (6.0), Louisiana was ranked 26th (6.3) and Tennessee was third in the study (7.6).
The study was authored by Southern Methodist University economist Dean Stansel; Caminos de la Libertad head of research Jose Torra and Fred McMahon, who is the resident fellow as the Dr. Michael A. Walker Chair in Economic Freedom at the Fraser Institute.
The Fraser Institute, a Canada-based free market group, has conducted the Economic Freedom of the Worldreport for the last 30 years. The primary conclusion of the reports was that “economic freedom is positively correlated with per-capita income, economic growth, greater life expectancy, lower child mortality, the development of democratic institutions, civil and political freedoms, and other desirable social and economic outcomes.”
In the most-free states and provinces in North America, the average per capita income in 2017 was 9.2 percent above the national average compared to 3.4 percent below the national average in the least-free jurisdictions.
The trend line for economic freedom in the U.S. isn’t positive, according to Fraser Instituteresearch.
From 2003 to 2017, the average score for U.S. states in the all-government index fell from 8.23 to 7.92.
Republicans first captured the governor’s mansion in Mississippi in 1991. It would take them 28 years before they won all eight statewide offices.
But the Republican victory in the attorney general’s office for the first time wasn’t the story line of the night. That was more or less predetermined when Attorney General Jim Hood decided to run for governor, setting up the most competitive governor’s race in 16 years in the state.
Hood was everything you’d hope for as a Democrat. He’d been elected four times as a Democrat statewide; the last three times he was the only Democrat elected. He has roots in Northeast Mississippi, a populist region of the state once viewed as the key to win statewide. And a Democrat stronghold not too long ago.
Gov.-elect Tate Reeves had also been elected statewide four times, but he didn’t enjoy the broad appeal of the previous Republican governors, Haley Barbour and Phil Bryant.
At the end of the day, all Democrats have to show is a narrower loss than normal. This isn’t a loss you can build on and argue that you are getting closer to the finish line. The near perfect storm of 2019 for Democrats likely won’t be there in 2023, and presumably, neither will Hood.
There were no surprises among downballot races and very little crossover vote. In each of the seven races, Republicans won between 58 and 61 percent, a uniformity we hadn’t yet seen in the state.
And while there was some jockeying for office, only one incumbent actually won re-election. Mike Chaney was re-elected to a fourth term as insurance commissioner. Agriculture Commissioner Andy Gipson and Auditor Shad White, who were both appointed to their positions by Gov. Phil Bryant, won their first full terms.
Secretary of State Delbert Hosemann will soon become lieutenant governor and preside over an even larger Republican majority. Treasurer Lynn Fitch is moving to attorney general as the first Republican in that office.
State Sen. Michael Watson became the first resident of the Coast to be elected statewide in a generation as he becomes the next secretary of state. And businessman David McRae was elected treasurer, four years after unsucessfully challenging Fitch in the Republican primary.
Among regional offices, the central district, which is a slight Democrat district, produced a split result. Republicans appear to have picked up the public service commissioner spot with Brent Bailey leading Jackson City Councilman De’Keither Stamps by about 3,500 votes. Commissioner Cecil Brown, a Democrat, did not run for re-election.
But Democrats look likely to capture the transportation commissioner office with State Sen. Willie Simmons leading Brandon Mayor Butch Lee by almost 5,000 votes. Commissioner Dick Hall, a Republican, did not run for re-election.
There was little movement in the legislature, with a split decision in the House.
Though not official, Democrats are leading in House District 64, a seat in Northeast Jackson long held by Republican Bill Denny. He is trailing Democrat Shanda Yates by about 1,300 votes. In Desoto county, Republican Ashley Henley is trailing Democrat Hester Jackson McCray by 13 votes. Henley represents a district whose demographics are rapidly moving away from Republicans. Neither of those races have been officially called.
House District 122 is a pickup for Republicans. Brent Anderson cruised to his first election over Wendy McDonald 68-32. There was little drama in this largely Republican seat after Rep. David Baria, a Democrat, passed on re-election. And Republicans are leading in House District 12, an Oxford based seat. Long held by Republicans, Democrat Jay Hughes captured the seat four years before leaving it to run for statewide office. Republican Clay Deweese is leading Democrat Tiffany Kilpatrick by about 50 votes.
Among the two former Democrats running as independents, Rep. Angela Cockerham has defeated Democrat Aisha Sanders 58-42 in a very strong showing. Though Lee county produced numerous problems with machines yesterday, longtime Rep. Steve Holland is trailing his opponent, Democrat Rickey Thompson, by about 200 votes.
We saw more changes in the Senate, with Republicans in line for a net pickup of three seats.
Republican Daniel Sparks cruised to victory in Senate District 5 defeating Democrat Steve Eaton 72-28, Republican Ben Suber defeated Democrat Kegan Coleman 58-42 in Senate District 8, Republican Melanie Sojourner is returning to the Senate after defeating Democrat Wiliiam Godfrey 58-42, and Republican Mike Thompson defeated Gary Fredericks 52-48 in Senate District 48. This seat was made open after Fredericks defeated incumbent Deborah Dawkins in the primary.
Democrats were successful in the recently redistricted Senate District 22. Democrat Joseph Thomas defeated Republican Hayes Dent 52-48.
Along with likely losing a House seat in Oxford, Democrats lost the open Oxford-based Senate seat by 17 points. In the Hattiesburg-based House District 102, Republican Missy McGee cruised to her first full term, winning by 30 points.
These are the type of ‘swingy’ districts Democrats would need to begin capturing to make progress in either chamber. That didn’t happen yesterday, and if you’re a Democrat you have to be wondering what the future holds. Who is going to be the Democrat nominee for governor in four years? There is no obvious answer.
Yesterday was a good day for Democrats. In Virginia and Kentucky. But in Mississippi, Democrats have little to be excited about.
This week, the Mississippi Charter School Authorizer Board approved the ninth charter school in the state.
The Board approved Leflore Legacy Academy in Greenwood which will serve grades 6 through 8 when it reaches capacity. This is the second charter school in the Delta. Clarksdale Collegiate Public Charter School opened last year.
For the 2019-2020 school year, six charters are open in Mississippi. Two others, in addition to Leflore Legacy, have been approved and are set to open in future years.
Last year, 14 charter operators began the application process. Four made to the final cut, with just the one receiving the state's blessing.
If you’ve gambled at a Mississippi casino at a dealer-served game or gotten a drink served by a bartender, your tax dollars probably contributed heavily to their education.
According to a report by non-partisan fiscal transparency group Open the Books, the Crescent City School of Gaming and Bartending — with campuses in Biloxi, Las Vegas, Memphis and New Orleans —received $9.5 million in funding from the U.S. Department of Education from 2014 to 2017.
The school offers a three-week bartending course, a 12-week beverage management course, and its gaming department trains potential dealers in blackjack, roulette, poker, baccarat and craps.
Mississippi as a state, according to the report, received $1.6 billion from the Department of Education in fiscal 2017, which included $241 million in direct payments, $480 million in grants and $912 million in loans.
California received the most, with $18.5 billion, followed by Texas ($12.5 billion), New York ($11.9 billion) and Florida ($9.49 billion).
The U.S. Department of Education spent $115 billion last year, with $5.9 billion going to the 25 colleges and universities with the largest endowments (a combined quarter trillion in existing endowments).
This included $2.3 billion in student loans in fiscal 2015 to 2016 and $1.2 billion in fiscal 2017 to 2018.
The Department of Education admitted that overpayments accounted for $11 billion of the money spent on funding higher education, with $7.1 billion in overpayments on direct loans and $4.1 billion as Pell Grants.
The Crescent City School of Gaming and Bartending wasn’t the only non-traditional school to receive money from the Department of Education. A school for video game development education, the DigiPen Institute of Technology, received $51.4 million from fiscal years 2014 to 2017.
The Professional Golfers Career College received $4.5 million between fiscal years 2014 to 2017 and the school teaches golf shop operations, methods of golf instruction, golf rules, and course management.
The Department of Education also paid $74.2 million from fiscal years 2014 to 2017 to the American Musical and Dramatic Academy, $43.5 million during that same time period to the a fashion college called the Laboratory Institute of Merchandising, and $10.4 million to a gunsmithing college called the Sonoran Desert Institute.
The 50 lowest-performing community colleges received $923.5 million in federal student loans and grants. Ten of these schools had an average graduation rate of 12 percent.
According to the report, for-profit colleges received $10.5 billion in fiscal 2017, with 10 of these schools receiving 30 percent of the funding, which included grants, direct payments, contracts and student loans.
Seminaries received $815 million from fiscal 2014 to 2017.
A new report outlines the continued generosity of Mississippians.
While many complain that Mississippi is usually first on the bad lists and last on the good lists, Mississippians have always been recognized for their generosity. Another report confirms this.
The Fraser Institute’s Generosity Index measures charitable donations as recorded on personal income tax returns in Canada and the United States.
Because the Fraser Institute is based in Canada, this report tracks donations from Canada’s 10 provinces and three territories, as well as the 50 states and the District of Columbia. The data is from the 2016 tax year.
The repot calculates the percentage of tax filers donating to charity, the percentage of aggregate income donated to charity, and the average annual charitable donation.
Mississippians gave 1.67 percent of their income to charity, which was good enough for 10th among the 64 states and provinces. Utah was first at 3.18 percent, followed by Georgia (2.31), Arkansas (2.07), Alabama (1.86), and Idaho (1.78).
The average annual charitable donation was $7,135, which was good enough for 13th. Wyoming was first with $12,991, followed by Arkansas ($10,935), Utah ($10,165), South Dakota ($10,020), and Tennessee ($8,644).
The report also showcased the noticeable differences between giving in the United States and Canada. The 13 Canadian provinces and territories took 13 of the bottom 14 spots when it came to percentage of aggregate income donated to charity. West Virginia’s 0.74 percent was slightly below Manitoba’s 0.76 percent.
But on average annual donation, the Canadian provinces and territories took the bottom 14 places.
"Eternal vigilance is the price of freedom." It's easy in a political campaign or a legislative session to focus on issues of the moment. But a statesman — one who is worthy of being lauded by future generations — will guard the foundation of freedom we inherited from those before us. He will not succumb to emotion or pressure to compromise that foundation in the name of short-term political gain. He will take seriously his responsibility as a steward of the foundation, carefully monitoring its stability and measuring its vulnerability to the proposals that come before him.
Such a statesman will lead, not follow. He will listen to his constituents, to be sure, but when they ask for something that would compromise the foundation, he will vote according to his responsibility as a steward, and he will explain to his constituents the long-term negative effect of their request. Similarly, a statesman will listen to the chosen leaders within his own political body (a committee chairman, presiding officer, etc.), but if they ask or pressure him to compromise the foundation, he will resist them as well. To do otherwise is to be a follower who is blown and tossed by the political winds, whichever direction they may blow.
Mississippi is in desperate need of leaders who will govern by principle. We need them now, and we need to cultivate more of them for our future. That's not to say there are none currently in office; but those who are already in office need allies who will fight the good fight alongside them, encourage them, and infuse them with a renewed passion for freedom. Together, they can explore principled ways to improve our state and serve their constituents—and do so in a manner that preserves the integrity of the foundation.
Our nation's Founders knew that the only way to form and maintain a stable nation was to build it on principles of freedom and to entrust it to men and women who would protect those principles from eroding over time. In 1776, when Thomas Jefferson, John Witherspoon, and others set their pen to the parchment that declared America's independence from Great Britain, they stood on principles about the nature of man, civil society, and government passed down from such minds as John Locke and Edmund Burke, and influenced by the precepts of the Bible. The result was a Declaration of Independence that is unrivaled in its timeless ability to inspire those who yearn for freedom.
Unfortunately, in recent generations, the ideas conveyed in that document have been largely forgotten or ignored—or, in some cases, treacherously abandoned. The freedom for which our Founders pledged their "lives, fortunes, and sacred honor" is endangered by a growing misunderstanding of the proper role of government in the lives of its citizens—and the proper role of citizens in the exercise of governing. This loss of grounding in the citizenry is not only reflected in many of its elected officials, but in many cases, drives those officials to ignore timeless principles and follow the impulse to "do something—anything!" to solve a temporal problem. The result is further erosion of the freedom and the type of government our Founders sought for us.
It doesn't have to be this way. By returning to the principles that guided our Founders, we can restore their vision, even as we apply it in modern ways to our generation. That can happen only if we have leaders in our homes, communities, and elective offices who understand the principles and live by them. The goal of this primer is two-fold: first, to inspire leaders to govern by principle with integrity, honor, humility, and restraint; and second, to equip citizens with the tools they need to hold their elected officials accountable to these timeless principles.
This is an excerpt from Governing By Principle, MCPP's ten principles to guide public policy.
Join us for lunch with Ilya Shapiro, Senior Fellow of Constitutional Studies at Cato Institute. Ilya will discuss Justice Scalia's legacy and the impact of his passing on pending cases and the future of the U.S. Supreme Court.