Publications
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Stop ESG In Banking: Do States Have the Legal Authority?
Publication -Policy Briefs -Environmental, social, and governance (ESG) metrics are a popular kind of social credit scoring, one that poses a significant threat to individual liberty and free-market economies, both in the United States and abroad. ESG is regularly used by corporations and investors as a tool to impose progressive values and environmental policies on other businesses, governments, […] -
Research and Commentary: Bill Would Cut Red Tape for Oklahomans and Their Doctors
Publication -Research and Commentaries -When a less expensive drug is available and comparable to a more expensive one, corporations and government purchasers have developed policies that force the patient to try the cheaper drug first by requiring prior authorization (PA) to skip to a more expensive alternative. This has pulled cost out of the system, but also has delayed […] -
Research & Commentary: States Not Waiting for Federal Ban on Noncompete Agreements in Health Care
Publication -Research and Commentaries -One-in-five (about 30 million) Americans are bound by noncompete agreements. Noncompete agreements are routinely executed to prevent valuable, and sometimes proprietary information from traveling with employees when they change jobs. Technology companies thrive in a highly competitive environment where the coin of the realm is novelty, so it is understandable that many such employers ask […] -
Texas Considers Expanding Direct Primary Care
Publication -Research and Commentaries -Direct Primary Care (DPC) is a way of connecting health care providers and patients in a retainer-based service agreement. Under DPC, providers and patients agree on a fee to be paid to cover routine health care services. It does not replace health insurance and it must not be defined as insurance. The main barrier to […] -
Texas Senate Bill 745 Would Expand Medicaid Fraud Recovery and Prosecution
Publication -Research and Commentaries -Skyrocketing Medicaid costs were already threatening to overpower every other priority in state budgets before the pandemic. As COVID-19 spread, national Medicaid enrollment ballooned from 23 million people to 95 million as eligibility requirements were relaxed. States were given enhanced funding from the federal government to load more people onto Medicaid while simultaneously being unable […] -
South Carolina Bill Expands Interstate Counselors Compact
Publication -Research and Commentaries -Telemedicine has benefited from a steep COVID-19 learning curve. After restrictions on telemedicine were eased or eliminated to allow virtual treatment as a temporary replacement for in-person office visits during the pandemic, most patients are returning to in-person consults. However, as the formal pandemic emergency ends, public health officials are allowing many COVID-19 emergency rules […] -
South Carolina Bill Proposes Sweeping Repeal of Antiquated Certificate of Need Laws
Publication -Research and Commentaries -Certificate of Need (CON) laws were intended to reduce costs and improve access to health care by controlling the availability of medical facilities through state-based regulation. In the 1960s, policy makers began to worry that the free market would concentrate an oversupply of lucrative medical services in some areas, while creating an undersupply of services […] -
Ohio Bill Considers Prior Authorization Reform
Publication -Two people who are suffering from the same curable condition may need the same drug. One will get it, while the other may be prescribed something less effective. The insurance you have determines which drug you are prescribed because your insurer may require prior authorization (PA) for certain treatments. PA reform is taking shape in […] -
Patients Deserve More Access to Potential Treatments
Publication -In 2018, President Trump signed Right to Try legislation, which allows terminally ill and untreatable patients with the right to try medicines that are deemed safe, but have not yet gained final approval from the FDA. This year, states are taking the next step to allow more patients access to more potential treatments. While Right […] -
Ohio Considers Health Care Price Transparency
Publication -In 2021, a federal rule came into effect that requires hospitals to post prices so that patients can know what they are being charged for their medical services. In 2019, President Trump issued executive order 13877 to “increase the transparency of health care price and quality information on negotiated rates and for common or shoppable […] -
Ohio Considers Creating Interstate Physician Assistants Licensure Compact
Publication -Research and Commentaries -Connecting doctors and their patients across state lines has become commonplace, thanks to the Interstate Medical Licensure Compact, which now includes 37 states, the District of Colombia, and Guam. By allowing physicians to practice in multiple states, the compact has significantly increased access to doctors, particularly in rural areas. However, access to care gaps continue […] -
“Right to Treat” Iowa Bill Expands Right to Try Legislation
Publication -Research and Commentaries -Suffering patients deserve more access to investigational treatments. In Iowa, HF225 would expand access to drugs and therapies that have not yet been completely approved by the FDA, but could help patients who have no other options. Iowans are currently restricted to limited expanded use of investigational drugs to only those patients who are near […] -
Iowa Bill Puts Focus on Medicaid Fraud
Publication -Research and Commentaries -Before the COVID-19 pandemic upended the delivery of health care in America and throughout the world, states were realizing that skyrocketing Medicaid costs threatened to devour all discretionary spending. During the pandemic, Medicaid enrollment ballooned by 23 million people to 95 million as eligibility requirements were relaxed and states were given enhanced payments to load […] -
Research & Commentary: South Carolina General Assembly Is Standing Up to Big Tech
Publication -Research and Commentaries -The South Carolina General Assembly has introduced House Bill 3102, which would protect free speech on social media platforms for South Carolinians. This legislation provides citizens of the Palmetto State an avenue to seek a private cause of action and possible financial damages if their online free speech has been blocked, restricted, suspended, terminated, removed, or […] -
Research & Commentary: Garden State Bill Would Protect Online Free Speech
Publication -Research and Commentaries -The New Jersey General Assembly has introduced Assembly Bill 1416, which would protect free speech on social media platforms for New Jerseyans. This legislation provides citizens of the Garden State an avenue to seek a private cause of action and possible financial damages if their online free speech has been blocked, restricted, suspended, terminated, removed, […] -
Research & Commentary: Hawaii Bill Would Clarify Gubernatorial Power During a State of Emergency
Publication -Research and Commentaries -The Hawaii Legislature is attempting to elucidate the extent of gubernatorial powers during a state of emergency with House Bill 522. Under current law, during a state of emergency, the governor maintains the power to suspend electronic media transmission. HB 522 considers how broad and vague the verbiage is in the current statutes and would […] -
Research & Commentary: Tennessee House Specifying State of Emergency Parameters Through New Proposed Legislation
Publication -The Tennessee legislature is attempting to take a significant swing at gubernatorial emergency powers with House Bill 422, the House companion legislation to Senate Bill 590. If passed, HB 422 would ensure that a state of emergency issued by the governor cannot last longer than 45 days. HB 422 and SB 590 safeguard Tennessee citizens from gubernatorial […] -
Research & Commentary: Tennessee Senate Specifying State of Emergency Parameters Through New Proposed Legislation
Publication -The Tennessee legislature is attempting to take a significant swing at gubernatorial emergency powers with Senate Bill 590, the Senate companion legislation to House Bill 422. If passed, SB 590 would ensure that a state of emergency issued by the governor cannot last longer than 45 days. SB 590 and HB 422 safeguard Tennessee citizens from gubernatorial […] -
Research & Commentary: Oregon Legislature Standing Up to Governor Overreach Post-Pandemic
Publication -Research and Commentaries -The Oregon legislature is attempting to take a significant swing at emergency powers granted to their governor and any future governors with Senate Bill 640. If passed, SB 640 would create stipulations on future states of emergency in the Beaver state. HB 640 safeguards citizens from gubernatorial overreach by stating that an executive order terminates 31 […] -
Research & Commentary: Tennessee Legislature Could Amend State Code Relative to Governor’s Emergency Powers
Publication -Research and Commentaries -The Tennessee legislature is attempting to take a significant swing at gubernatorial emergency powers with House Bill 189. If passed, HB 189 would establish legislative oversight over the continuation of gubernatorial powers during a state of emergency. HB 189 stipulates that an executive order or proclamation issued by the governor expires no later than 45 days […] -
Research & Commentary: Kansas Senate Bill 50 Champions Individual Free Speech on Social Media Platforms
Publication -Research and Commentaries -The Kansas Senate Committee on Federal and State Affairs will be considering Senate Bill 50 on Wednesday, February 1, 2023, which provides consumer protections by prohibiting censorship of certain speech on social media platforms. The emergence of social media has elevated political dialogue and discourse to a breadth nearly unimaginable a decade ago. When originally developed, these […] -
Research & Commentary: Washington Senate Bill Would Ensure Legislative Oversight of Governor’s Powers
Publication -Research and Commentaries -The Washington legislature is attempting to take a significant swing at gubernatorial emergency powers with Senate Bill 5063, also known as the bipartisan approach to legislative authority necessary in continuing emergencies balance act of 2023. If passed SB 5063 would establish balanced legislative oversight of gubernatorial powers during a declared emergency. SB 5063 stipulates that a […] -
Research & Commentary: Texas House Bill Contains Realistic Specifications for State and Local Government Reponses to a Pandemic Disaster
Publication -Research and Commentaries -In this Research & Commentary, Samantha Fillmore examines a House Bill in Texas that would create a pandemic response plan for state and local governments. -
Research & Commentary: The Alabama Senate Challenges Big Tech as Bill Moves Through Committee
Publication -Research and Commentaries -In this Research & Commentary, Samantha Fillmore examines a Senate Bill in Alabama that would challenge big tech censorship.