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Home Politics & Law

Of Approvals and Mandates

Daily Remedy by Daily Remedy
May 7, 2024
in Politics & Law
0

Famed economist Milton Friedman once quipped, “the cure is worse than the disease”, when explaining the federal government’s tendency to worsen rather than to resolve social issues.

Friedman was a firm believer in an independent market, touted the virtues of the individual to self-regulate through capitalistic principles of self-interest, and saw government regulation as an unnecessary intervention that disrupted natural market dynamics.

When Friedman opined about healthcare, he would describe it as an industry held hostage by regulatory interventions. He blamed the exorbitant cost of care to a third party system in which healthcare insurance plans mishandled spending for clinical services, and labeled the federal health insurance program, Medicare, as a form of subsidy.

He believed healthcare would be more cost effective and resourceful if purchasing power went directly into the hands of patients.

But with more purchasing power comes more independent decision-making, and with more independence comes more responsibility, begging the question – are patients responsible enough to make independent decisions concerning their health?

Even in less hectic, pre-pandemic times, the question would be polarizing. But during the pandemic, the question becomes outright inflammatory.

The distinction between patients and consumers has blurred into an interpretive oblivion, with every person possessing self-appointed subject matter expertise for all things pandemic – which of course includes vaccines.

Nearly half the country remains adamant against vaccinations, feeling confident in making medical decisions that appear to be in their best interest, regardless of the medical advice coming from the physician community. The other half is just as adamant for vaccinations, even supporting vaccine mandates for anyone who has not yet been vaccinated.

This is where things stood for weeks as we saw the initial peak of daily vaccinations dwindle to a standstill. Even the rise in delta variant cases produced only a small uptick in vaccinations, and nationwide the vaccination percentages remained largely deadlocked.

A situation those in favor of vaccine mandates believe will change with the recent FDA approval of the Pfizer COVID-19 vaccine. While multiple vaccines have received emergency approval, the Pfizer vaccine is the first to receive full approval.

We caution against such optimism, and we believe Friedman would agree posthumously.

Market approval will have little to no effect on vaccination rates because market approval never had any effect to begin with. When the vaccine was first available, those inclined to receive it, took it, and those inclined otherwise did not take it.

The market has played itself out already.

Why would we expect regulatory approval to influence individual decisions, when those willing to receive the vaccine did not need approval in the first place?

Regulatory bodies have an uncanny ability to be disregarded in the most critical of times. In the early days of the pandemic, patients purchased as many COVID-19 tests as possible – regardless of whether they were approved by the FDA.

Throughout the pandemic, we saw miracle drugs appear and quickly disappear, regardless of the FDA status. First it was hydroxychloroquine, then azithromycin, and most recently, ivermectin. The agency’s approval of the drug, or its intended use, matters less than the patient’s belief in the drug – regardless of whether that belief is founded in sound medical principles.

Patients now act as consumers, making medical decisions independent of any market regulation. And will resist any vaccine mandate regardless of its approval status.

Therefore, the government would be wise to avoid vaccine mandates altogether. Instead, it should opt for less intrusive interventions amenable to current market conditions. Currently, trust in government institutions is at an all time low, and will likely remain low until the end of the pandemic.

Instead of directly engaging with patients, the government should encourage market conditions that favor vaccinations. Many corporations are penalizing its unvaccinated workforce through wage garnishments or weekly testing. The government can support these efforts by providing tax credits to any company enforcing such penalties. Another option would be to help companies provide paid leave for employees to get vaccinated.

Both options would help companies encourage vaccinations and would avoid direct government intervention.

A strategy we hope the government opts for instead of imposing broad vaccine mandates, regardless of the vaccine approval status. As the country grapples with the rising delta variant, we cannot afford to further alienate the unvaccinated population.

If patients wish to act as consumers, then we should apply principles of consumerism towards any government intervention intended to increase vaccination. That means less direct government intervention.

Friedman warned us years ago of the unintended consequences that come with excessive government intervention in healthcare. So far we have ignored these warnings.

We should now heed the warnings, and use traditional market principles to encourage patients to get vaccinated.

Perhaps the market will work more effectively than government mandates. That is, after all, the basis of our capitalistic society.

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Daily Remedy

Dr. Jay K Joshi serves as the editor-in-chief of Daily Remedy. He is a serial entrepreneur and sought after thought-leader for matters related to healthcare innovation and medical jurisprudence. He has published articles on a variety of healthcare topics in both peer-reviewed journals and trade publications. His legal writings include amicus curiae briefs prepared for prominent federal healthcare cases.

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Most employers are unknowingly steering their health plans toward higher costs and reduced control — until they understand how fiduciary missteps and anti-competitive contracts bleed their budgets dry. Katie Talento, a recognized health policy leader, reveals how shifting the network paradigm can save millions by emphasizing independent providers, direct contracting, and innovative tiering models.

Grounded in real-world case studies like Harris Rosen’s community-driven initiative, this episode dives deep into practical strategies to realign incentives—focusing on primary care, specialty care, and transparent vendor relationships. You'll discover how traditional carrier networks are often Trojan horses, locking employers into costly, opaque arrangements that undermine fiduciary duties. Katie breaks down simple yet powerful reforms: owning your data, eliminating conflicts of interest, and outlawing anti-competitive contract clauses.

We explore how a post-network framework—where patients are free to choose providers without restrictive network barriers—can massively reduce costs and improve health outcomes. You'll learn why independent, locally owned providers are vital to rebuilding trust, reducing unnecessary procedures, and reinvesting savings into the community. This conversation offers clarity on the unseen legal landmines employers face and actionable ways to craft health plans built on transparency, independence, and aligned incentives.

Perfect for HR pros, benefits advisors, physicians, and employer leaders committed to transforming healthcare from the ground up. If you’re tired of broken healthcare models draining your budget and frustrating your staff, this episode will empower you to take control by understanding and reshaping the very foundations of employer-sponsored health. Discover the blueprint for smarter, fairer, and more sustainable benefits.

Visit katytalento.com or allbetter.health to connect directly and explore how these innovations can work for your organization. Your path toward a healthier, more cost-effective future starts here.

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00:00 Introduction to Employer-Sponsored Health Plans
02:50 Understanding ERISA and Fiduciary Responsibilities
06:08 The Misalignment of Clinical and Financial Interests
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11:49 Redefining Networks: The Post-Network Framework
25:34 Navigating Healthcare Contracts and Cash Payments
27:31 Understanding Employer Health Plan Structures
28:04 The Role of Benefits Advisors in Health Plans
30:45 Governance and Data Ownership in Health Plans
37:05 Case Study: The Rosen Hotels' Health Model
41:33 Incentivizing Healthy Choices in Healthcare
47:22 Empowering Primary Care and Independent Providers
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Policy Shift in Peptide Regulation

Clinical Reads

GLP-1 Drugs Have Moved Past Weight Loss. Medicine Has Not Fully Caught Up.

Glucagon-Like Peptide–Based Therapies and Longevity: Clinical Implications from Emerging Evidence

by Daily Remedy
March 1, 2026
0

Glucagon-like peptide–based therapies are increasingly used for weight management and glycemic control, but their potential impact on long-term survival remains uncertain. The clinical question addressed in this report is whether treatment with glucagon-like peptide receptor agonists is associated with reductions in all-cause mortality and age-related morbidity beyond their established metabolic effects. This question matters because these agents are now prescribed across broad patient populations, including individuals without diabetes, and long-term exposure may influence cardiovascular, oncologic, and neurodegenerative outcomes. Understanding whether...

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