Healthcare Reform Law– Is Any Judge Fully Capable of A Decision on a Law That is Challenged By Constantly Changing Algorit
Posted Apr 15 2011 3:17am
Just like everybody else I read the news and wonder where this is all going. When the law was put into place a year ago there was a model and rules and regulations outlined with several time slots as to when the various provisions would take effect. I have seen all the questions and have watched HHS work with this and give certain plans exceptions to the law. So what do we have here?
In the day and age we live in, business models of companies are changing rapidly as well as mergers and acquisitions and we have a lot unintended consequences arising. As I said in another post, there’s not great white hope for a budget or a repeal of of what has already fragmented. Certainly there are portions that are still pretty much in tact, but when the law was written and passed a year ago, things were different and the law was based on practices of insurers and budgets that were around then. Time has passed and insurers have created even more complicated business models using algorithmic formulas and then some of this creates a new challenge to the law.
So what gives? Could a court even really tear it apart and check for all legalities? I doubt it as it’s just the times we live in. Businesses have flex time and maybe that’s where we might be headed with “flex-laws” as nobody is winning this game and while it’s good for the OMG news stories with everyone playing out a role and all the speculation we see, in reality when we see budgets and plans made without any predictive studies included, it’s only as good as the day it’s written. Of late, some judges can’t even keep track of their own investments and get called on the carpet for conflicts of interest mostly because they don’t keep up with the business world today and many insurance companies are not only that today but have purchased a lot of other companies and are combining all data for super intelligence, to make a profit.
This is the deal. I don’t even think most judges have the ability to interpret the mass of information that is given to them without some extreme mining software and queries.
I do have to think that the President knows this and realizes the amount of constant change and disruption we have out there based on his talk this week and basically his overall behavior. I think President Obama is aware of all of the changes and works with it the best he can with numbers and formulas and events that change the world every day. If you stop and think about it, who has he been spending some time with, those who create algorithms, like Gates, Jobs, Ellison, Zuckerman and so on. Here’s the one dinner list from a couple months ago.
He also hired an Algo Man from Wall Street that is used to working with algorithms and formulas, so think about that. If you watch behavior patterns we don’t see the foot in mouth syndrome we see over at Congress and more of a vote of confidence as I think he gets it, and understands that the current methodologies of lawmaking is going to have to change and somehow be modified as when you have businesses that keep trumping laws that are made, how do you make good laws? It’s all about collaboration and in recent past talks he has also emphasized technology and keeping up to pace so the US doesn’t lose out, which is happening.
I think Congress also needs to change an collaborate better and more intelligently as the GAO is great and adds support but compared to business algorithms that change all the time, the GAO somewhat comes in after the fact and tells us what we have and right now we need to project a bit more on what we will get with simulations, and better collaboration. Mathematical formulas can be written for both accurate and desired results, but unfortunately they are not always the same.
If you are an average citizen and not heavy into how this works, you get fleeced, plain and simple and thus this is why the higher levels of technology and those on staff that are not lobbyists should be ones in demand.
Most laws today passed by lawmakers all seem to think they are for “those guys over there” and pass legislation that requires consumer digital literacy or the ability to get help and yet they don’t use what they are preaching themselves. You can’t tear the law down and start over as some have suggested, and that comes from the less digitally aware I think. I’ll go back one more time on my wish to have a Congress that can collaborate without chicken fights and soap operas and be able to use technology to sort all this stuff and data so everyone sees the same thing at the same time instead of groups of people scurrying around with their stacks of paper, the answers and techniques to generate more informed decision don’t lie in those papers.
We have doctors moving along with electronic medical records, which is a good thing but do we have a Congress that could put forth a similar effort? I haven’t seen much of it, have you? We get back around to that old paradigm of “its for those guys over there” again. We have no role models to speak of with consumer literacy as very few even make that effort. It’s always we know what is best for you and with those stack of papers running rampant, I shudder. Here’s what the insurers suggest and all their algorithms are not accurate if you read the news often enough.
Is it time for that Department of Algorithms with digitally centric laws soon? I think the time is just about here and if we don’t move in this direction, we sink. Our poor human bodies are just flat out losing their liquidity with the power of mathematical formulas aka algorithms and the government just can’t keep up with Wall Street on that level.
I will probably run this into the ground but still believe strongly that Congress needs IBMWatson to query and use the power of 70 servers with machine learning to enhance their lawmaking skills, and you can see the technology is going to Wall Street for use as they want rocket speed queries and the availability of information and the ability to predict models at hand. Is it time for a sequel for Inside Job? I hope not.
Today you just can’t make and properly interpret laws with algorithms in business that constantly change and have anything to really enforce equally, doesn’t work. If we keep working the old method, we will sink as we need to think about where want to be as well, and the current show of events makes me both sad and worried that we don’t have the individuals in office that will take the time to collaborate and use technology to put them on top, and so we get left with soap operas where one guy has to be the bad guy and other the good guy. Innovation without collaborate is what’s fouling up the US Healthcare system.
I wrote back in August of 2009 asking if we needed a Department of Algorithms and that was inspired by listening to Harry Markopolos testify on how he gave normally formatted information to the SEC and they didn’t know what to do with it, i.e. what software formulas, etc. to audit. BD
U.S. District Court Judge Roger Vinson, in the U.S. District Court for the Northern District of Florida, became the first judge to strike down the entire health care reform act entitled the Patient Protection and Affordable Care Act.
Not surprisingly, the decision has left health care providers, governmental officials and insurers wondering where the law stands in light of this decision. Also not surprisingly, there is widespread disagreement as to the answer to that question.