COVID Might Help To Kill These Expensive, Anticompetitive Hospital Regulations in South Carolina

“Residents of Fort Mill, South Carolina, had to wait 18 long years for construction to start on a hospital that state regulators determined in 2004 was necessary—and then proceeded to hold up in an absurdly long legal battle that eventually went all the way to the state Supreme Court.
Hopefully, that saga won’t ever be repeated.

The state Senate voted 35–6 on Tuesday to repeal most of South Carolina’s Certificate of Need (CON) regulations that require hospitals and other health care providers to obtain permission from the state before expanding facilities, buying new equipment, or offering new services. Often, those regulations gave de facto veto power to existing providers, which lobby health policy bureaucrats to block the approval of new competition.

That’s exactly what happened in Fort Mill, where plans for a new 100-bed hospital were tied up for more than a decade and a half, in part because a rival hospital wielded the state’s CON laws in an attempt to block the new facility, as Reason previously reported.”

“If the bill becomes law, the Charleston Post and Courier reports, it would clear the way for 28 projects that are currently tied up in legal battles despite having won preliminary CON approval. Another 34 projects awaiting review by the state’s Department of Health and Environmental Control would be able to proceed as well. The paper estimates that those delayed projects represent more than $1 billion in health care investment in the state.”

“that doesn’t include the loss of projects that never materialized in the first place.”

“As part of his emergency order issued when COVID-19 first struck in March 2020, Gov. Henry McMaster (R) suspended enforcement of CON regulations—making South Carolina one of several states to do so because of the pandemic. When it became obvious that the sky wasn’t falling in the absence of those rules, some state lawmakers rightly began to question whether they were needed in the first place”

How Democrats are ‘unilaterally disarming’ in the redistricting wars

“Yet what happened this spring in Oregon is just one example, though perhaps the most extreme one, of a larger trend vexing Democratic strategists and lawmakers focused on maximizing the party’s gains in redistricting. In key states over the past decade, Democrats have gained control of state legislatures and governorships that have long been in charge of drawing new maps — only to cede that authority, often to independent commissions tasked with drawing political boundaries free of partisan interference.

Supporters of these initiatives say it’s good governance to bar politicians from drawing districts for themselves and their party. But exasperated Democrats counter that it has left them hamstrung in the battle to hold the House, by diluting or negating their ability to gerrymander in the way Republicans plan to do in many red states. And with the House so closely divided, Democrats will need every last advantage to cling to their majority in 2022.”

Republicans Say They Care About Election Fraud. Here’s How They Could Actually Prevent It.

“Republicans care a whole lot about election security these days. Fueled in part by the “Big Lie,” the baseless claim that there was widespread fraud in last year’s election, Republican lawmakers around the country have made an aggressive push to pass new laws to prevent what they saw as a nightmare scenario from happening again. While the motivation to improve election security is spurious, the ostensible goal isn’t — everyone would agree that a secure election is important for democracy. Experts say there’s one very effective way for state legislatures to make the voting process more secure: pass legislation to update voting machines. But instead of prioritizing this effort, many Republicans are instead focused on limiting voter access.”

“The gold standard for voting security is hand-marked paper ballots, according to security experts. That’s because a paper ballot eliminates the risk of technical difficulties or certain kinds of malicious acts (think hacking) that could change or destroy your vote, and any concerns can be addressed with a recount. Because of that, most states currently use hand-marked paper ballots or have voting machines that generate paper records for verification.
But in six states — Indiana, Louisiana, Mississippi, New Jersey, Tennessee and Texas — some or all voters still cast ballots on machines that have no paper record whatsoever, according to data from Verified Voting. While there’s no evidence that these machines have ever been hacked during an election, it’s technically possible, and they’re also prone to all kinds of undesirable malfunctions, including losing votes. With no paper backup to audit, these machines are the kind of election security liability that politicians say they’re invested in fixing.

Yet according to FiveThirtyEight’s past reporting and additional calls I made for this story, in five of those six states there has been little or no effort in the past six months to prioritize updating machines with a system that includes a paper record.”

“Instead, state legislatures have been flooding the docket with bills relating to the length of early voting periods, the placement of ballot drop boxes and whether volunteers can give voters waiting in line a bottle of water. Meanwhile, just a handful of bills about upgrading equipment — often without any funding attached — have trickled in, only to lose momentum and die before reaching a committee.”

““Unfortunately, I think the idea of security has basically been an excuse to limit access,” said Lawrence Norden, director of the Brennan Center’s Election Reform Program. “If we really want to ensure that our elections are trustworthy and transparent, we can do that without limiting access.””

The end of the imperial governorship

“One of the first things on the agenda this year for Kentucky Republicans was figuring out how to kneecap Democratic Gov. Andy Beshear. They dropped legislation in January that placed new limits on the governor’s emergency executive powers, quickly passed the bill, overrode his veto and then fought him in court.

In the months that have followed, lawmakers across the country — from Maine to California, Oregon to Florida — have proposed and, in many cases, passed similar measures to curtail the sweeping powers bestowed on their state executives.”

“Most governors insisted throughout the crisis that they were being guided by evolving science and trying to navigate uncertain terrain as best they could. But patience appears to have worn out for many legislators consigned to the backseat.”

“In some states, it has been a continuation of philosophical differences that have played out over the course of the still-ongoing pandemic. That dynamic has been particularly evident in places sporting Democratic governors contending with GOP-controlled statehouses like Kentucky, Kansas and Michigan, where conservative outrage over Democratic Gov. Gretchen Whitmer’s pandemic mandates put her in physical danger last year.

But for other governors, it has been members of their own party who have been the ones trying to wrestle back control and deliver emphatic rebukes of their state’s leadership, as was the case in New York and Ohio last month.”

“Generally speaking, however, the GOP has tilted far more toward limiting what governors are allowed to do by law than Democrats to date.”

It’s Not Just Georgia: More Than A Dozen Other States Are Trying To Take Power Away From Local Election Officials

“Most of these bills are not as aggressive as Georgia’s, but they all undermine localities’ ability to self-rule. In this way, Illinois State University political scientist Lori Riverstone-Newell told FiveThirtyEight, they’re part of an increasing trend of states preempting local government in order to retain power for themselves: Conservative legislatures, in particular, have passed several laws in recent years that limit the types of laws municipalities can pass, including sanctuary-city protections, anti-LGBT discrimination ordinances and minimum-wage increases (especially in the South). These laws can often have what Riverstone-Newell calls a “chilling effect,” where the mere threat of having their power taken away makes local officials afraid to govern as they see fit.”

‘A decade of power’: Statehouse wins position GOP to dominate redistricting

“An abysmal showing by Democrats in state legislative races on Tuesday not only denied them victories in Sun Belt and Rust Belt states that would have positioned them to advance their policy agenda — it also put the party at a disadvantage ahead of the redistricting that will determine the balance of power for the next decade.”