Health Care

Intellectual property, including patents, are Constitutionally protected property rights. By disclosing an invention or writing, to increase the treasury of knowledge, the government grants exclusive rights to inventor and authors. This property goes back hundreds of years to English common law. With pharmaceuticals charging exorbitant rates for medicines, protected by patent property rights, many seek to dismantle intellectual property protection so as to lower the costs of medicines. Vacating a constitutional property right, that has fostered invention for hundreds of years is not the answer. There no constitutional authority for the federal government to legislate in are of social issues, as the federal government is suppose to be limited government with enumerated powers. The federal government should not be in the health care business.  These medicines may be under a patent right to exclusively make, use and sell medicines. Big Pharma routinely charges exorbitant prices for medicines which increase health care costs. 

There are steps that can be taken to reduce the costs of Health care. Limiting malpractice litigation could reduce health care costs. The federal government could abolish subject matter jurisdiction over medical malpractice, which has effectively turned US district courts into lotto games. State government license medical professionals. States governments could also abolish licensed professional negligence civil torts, to eliminate state subject matter jurisdiction over medical malpractice. The state could use the licensing boards to adjudicate medical malpractice claims and compensation. The state could have low cost clinics, also immune from medical malpractice claims. Thus, the states having reserved constitutional authority can recapture their state rights. Federal action against Big Pharma by way of anti-trust or imminent domain would be extraordinary steps. The federal government can monitor Big Pharma for horizontal price controls and monopolies, and act when Big Pharma is becoming anti-competitive.  

Indigents and monopolies are at the two extreme ends of the level playing field. State governments are charged with the responsibility to support indigent as they deem fit, through state wide constitutional safety nets. The federal government is charged with preventing monopolies, anti-competitive practices, through constitutional regulation of interstate commerce. The government can use other means to prevent gauging by Big Pharma. There are anti-trust laws which prevent monopolies. The financial power of Big Pharma has the potential of buying congress through influence peddling. The federal government could possibly through imminent domain seize patent property rights for lowering medical health care costs, in extreme cases. Typically, a reasonable royalty is 6%, yet Big Pharma, having a patent monopoly can charge much more. State clinics can be regulated by states, and prohibit the selling of certain medicines, when priced to high, for state support. The state thus providing low cost health care clinics, but control the costs through clinic price regulation. People are of course to have their own private doctors prescribing unrelated medicines. When the price of drugs are excessive, people would turn to low cost clinics. Thus, to gain access to the low cost clinics, Big Pharma might reduce prices for sales in low cost clinics. Big Pharma should be allowed to profit from their research into new medicines. That Big Pharma profiteering should be subject to state low cost clinics of prices charged at the clinics. Thus, if Big Pharma want access to state wide clinic medicine sales, they would negotiate with the state government, and preferably the state medical professional licensing boards. So, the state will not deny Big Pharma the right to charge exorbitant prices, but those exorbitant prices would be limited to private doctors and hospitals, and not available to state run clinics.    

Ultimately, the voters should decide how much they are willing to support Big Pharma thought state regulated low cost health clinics. Voter negative feedback is essential in keeping the states rights health care clinics under fiscal restraints, and thereby provide a market place competition to Big Pharma price gauging. 

Single payer health care is apparently nationalized health care using a single government pool of money where all pay the same and get the same coverage. This makes some people pay for other people's life style choices. Single payer health care promotes irresponsibility and penalizes those to live healthy live styles. This is nationalized health care that is socialism that always corrupts everything it touches. The federal government should not be involved in socialized medicine. States under sovereign rights can regulate medical insurance. The best approach is state regulation of individual health care based upon individual insurance but backed up with a system of low cost health clinics for the indigent and working poor. 

Genetically Modified Organisms GMO are becoming pervasiveCommercial sale of genetically modified foods began in 1994, when Calgene first marketed its unsuccessful Flavr Savr delayed-ripening tomato. Most food modifications have primarily focused on cash crops in high demand by farmers such as soybeancorncanola, and cotton. Foods of course can affect human beings, and FDA monitoring must continue. There are concerns about changing the food chain, where natural species are in decline. This is a new frontier, and should proceed slowly with much government and industry monitoring. 


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