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Three Prominent Organizations Support Court's Decision that Obamacare is Unconstitutional-A Case for Better Predictive Modeling

Posted May 13 2011 3:36pm

Predictive modeling and behavior analytics is a part of life and business today and they are used for both “accurate” results and “desired” results and the 2 should be the same –but not always as we are growing to see.  I try and do my best to discuss this reality as I interpret based on what’s happening in the healthcare business.

We have a missing element here and that was the “public option” and if in fact that had been included we may not be at this cross roads today, plain and simple.  In some areas of the country the only options for individuals is a “publicly traded company” so again this is the rub and without an option from the government where people could choose, it’s a bit hard to enforce and myself I would like the option to either choose public option that perhaps was run by a “non profit”, and this is not to be confused with a “not for profit” as they are 2 different entities, but they could also exist as on option.  Forcing individuals to purchase health insurance from a publicly traded company is again the rub.  To be fair that option should be available for those who want that option as well. 

Florida Judge Rules Against Health Law– Need Some Judicial “Algo Men” to Influence Decisions on Costs With Methodology Entailment and IT Systems Functionality

The law is over a year old and technologies and business intelligence systems have changed in a big way over the last year and you would have to almost be living under a rock not to see at least part of this as with data systems and analysis processes all aggregated and connected, you will feel or see some impact as it comes down to decision making processes.  The healthcare law has many good provisions too and most do in fact benefit the consumer but this one tough section of no public option has created havoc in more ways than one.  We are known as a nation of negotiations and everyone does not get 100% of what they want and thus it’s time to sit down again and take a second look.  The President understands this and he’s open to talk but again remember he’s not the final word here, Congress is. 

We have also had a ton of mergers and acquisitions over the last couple of years and that changes the face of laws and business continuously. The Supreme Court doesn’t appear to want the “hot potato”, and frankly who does with all the data and information that needs to be included in an accurate decision making process to ensure we get an “accurate” decision and not one strictly based on “desire” of big corporations. 

It comes back around to technological systems that can sort and bring all the information forward in a way that we, as humans, can analyze and look at it before interpreting.  We have heard the stories that come up about a potential conflict of interest due to the fact that perhaps a judge didn’t keep up with his/her own investments with mergers and acquisitions, and there will be more.

Healthcare Reform Law– Is Any Judge Fully Capable of A Decision on a Law That is Challenged By Constantly Changing Algorithms?

One book I have recommended on this blog in many posts and will take time here to do it again is the one listed below so you can as a consumer get an idea as to where mathematical formulas are going today and their potential impact.  It is what it is and until we all have the same tools for battle and negotiation, the side without is going to lose. 

“Proofiness–The Dark Side of Mathematical Deception”–Created by Those Algorithms–New Book Coming Out Soon

The Healthcare Law in it’s entirety is not bad; however there are adjustments that need to be made as it’s playing out very well as passed by Congress.  A law gets passed and big companies can take as little as 48 hours to roll out a new business model or direct a new model to specific areas of their business, it’s done all the time. 

So we come right back to technology and digital literacy on those we elect today with this being a big factor. We want “accurate” information and transparency is working to move that forward and when transparency efforts reveal what’s happened behind the scenes, we may not like it, some are exposed and then we have new grounds to consider for interpretations and need to do some predictive modeling before laws are passed to avoid the “unintentional consequences” that we all hate.  We will never get rid of all of them, but if we can be smarter from the offset, less will get hurt.  Thus one more time I come back to the request to increase digital literacy on the part of lawmakers.  If methodologies as such has been used a year ago, would they have seen this outcome of disaster with the law being challenged with no public option for one? 

IBM Makes 'Watson' Servers Even Smarter With More Cores–We Are Now Graduating to Taking “Dull” Knives to Gun Battles–There’s No Great White Hope for Budgets

I do apologize if you get tired of the word “algorithms” around this place but it simple is what it is and the techniques are used by all so if we can accept that is how others are doing business, making money and sadly at sometimes taking advantage of our ignorance in this area and inability to focus, then we can move forward I think.  By using effective collaboration and rocket speed technology where everyone sees the same thing at the same time, we could come up with some better decisions at at least reduce the soap opera we see out there.

Bottom line here is that if we do not get smarter about the laws we make, they will become useless and not enforceable, so in that case what have we done?  We can keep the news ratings alive with stores that don’t always make sense based on “weird interpretations” and those are out there by the number for sure. We certainly need a Congress that can see the value of technology beyond IBM Watson just being a “game” and I think due to the fact that it was used on a game show, some of our lawmakers missed the value and only saw the technology as being good for games

IBM Watson Did Get a Chance to Go To Congress-Should be a Permanent Home For Greater Intelligence for Creating Laws

Anyway, you can read the press release below and see the points made by this group and I partially agree with some of their points and again in my opinion, what brought all of this forward was the inability of Congress to model and project this on “big white screens” to see the potential result. 

When making decisions with such big impact today, you don’t run off to hide behind closed doors to discuss and be swayed by lobbyists.  As a matter of fact a reversal of this process would be in order to have everyone see and hear the same stats, reports, modeling projections at once, all parties, and then go off to committees to discuss and all would be 100% better educated and better informed to create better and effective laws

Time for some new lawmaking and judicial paradigms?  I think so. 

This applies all the way around for all but the GOP more so than the Democrats have still been a bit misguided in thinking there’s a great white hope still left out there, and there’s not, it’s all about collaboration and working together.  We saw this with shelving changing Medicare as it was still someone looking for glory the old fashioned way and it just does not work.   If you read the 2 links below I go into further detail on my thought here. 

Let’s get smart, use technology and work together and hang up the great white hope aspirations as it will sink every time from here on out as it’s not that kind of a world any longer and the stakes are too high not to use technology for better lawmaking and decision processes so let’s explore the public option and see if the law can be modified to allow the reform to continue, again as there’s a lot of good stuff in there we don’t want to change.  BD 

Digital Illiteracy Still Plaguing Lawmakers With Not Using High Powered Technology to Model and Simulate Healthcare Laws–Ryan Hasn’t Figured Out He’s No White Hope Yet (Video)

Press Release:

Docs 4 Patient Care, Benjamin Rush Society, and Pacific Research Institute
File Amicus Brief Against ObamaCare

Three Prominent Organizations Support Court's Decision that Obamacare is Unconstitutional

SAN FRANCISCO (May 13) -- Docs 4 Patient Care, the Benjamin Rush Society, and the Pacific Research Institute issued the following statements after filing an amicus brief in the U.S. Court of Appeals for the 11th Circuit supporting the district court's decision that ObamaCare is unconstitutional.
Hal Scherz, MD, FACS, FAAP, President and Founder of Docs 4 Patient Care said: "We believe that it is vitally important for a physician group to stand up and speak out on behalf of all of the doctors in this country who oppose this law, but feel disenfranchised and disheartened."
"As opposed to other medical organizations that have failed to stand up for its constituents and have instead urged them to accept the onerous changes being forced upon them by a statist administration, we are conveying hope by challenging the legality of this law and the brazen attempt of the government to control healthcare," he concluded.
Sally C. Pipes, founder of the Benjamin Rush Society and President and CEO of the Pacific Research Institute said: "We believe that the district court was correct that the mandates imposed by the federal government in the PPACA are not a constitutional exercise of governmental power. Forcing Americans to purchase expensive health insurance or face a penalty is not the responsibility of government. Doctors and patients -- not the government -- should be in charge. Only then will America achieve affordable, accessible, quality care for all."
Download a copy of the brief here .
###
About Docs 4 Patient Care
An organization of concerned physicians committed to the establishment of a health care system that preserves the sanctity of the doctor-patient relationship, promotes quality of care, supports affordable access to all Americans, and protects patients' freedom of choice. For more information, please visit www.docs4patientcare.org .
About Benjamin Rush Society
The Benjamin Rush Society aims to unite those across the political spectrum who believe that the profession of medicine calls its practitioners to serve their patients, rather than the government. For more information, please visit www.benjaminrushsociety.org .
About Pacific Research Institute
For 32 years, the Pacific Research Institute (PRI) has championed freedom, opportunity, and individual responsibility through free-market policy solutions. PRI is a non-profit, non-partisan organization. For more information, please visit our web site at www.pacificresearch.org .


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