Governor Cuomo: Libertarian

NY State Governor Cuomo’s lifting of regulations to deal with the coronavirus emergency may be the most libertarian government document in a generation. Here are a few laws that have been suspended or modified:

Paragraph 1 of Section 6542 of the Education Law and Subdivisions (a) and (b) of Section 94.2 of Title 10 of the NYCRR to the extent necessary to permit a physician assistant to provide medical services appropriate to their education, training and experience without oversight from a supervising physician without civil or criminal penalty related to a lack of oversight by a supervising physician;

Notwithstanding any law or regulation to the contrary, health care providers are relieved of recordkeeping requirements to the extent necessary for health care providers to perform tasks as may be necessary to respond to the COVID-19 outbreak, including, but not limited to, requirements to maintain medical records that accurately reflect the evaluation and treatment of patients, or requirements to assign diagnostic codes or to create or maintain other records for billing purposes. Any person acting reasonably and in good faith under this provision shall be afforded absolute immunity from liability for any failure to comply with any recordkeeping requirement.

Subparagraph (ii) of paragraph (2) of subdivision (g) of 10 N.Y.C.R.R. section 405.4, to the extent necessary to allow graduates of foreign medical schools having at least one year of graduate medical education to provide patient care in hospitals, is modified so as to allow such graduates without licenses to provide patient care in hospitals if they have completed at least one year of graduate medical education;

Sections 3502 and 3505 of the Public Health Law and Part 89 of Title 10 of the NYCRR to the extent necessary to permit radiologic technologists licensed and in current good standing in any state in the United State to practice in New York State without civil or criminal penalty related to lack of licensure;

The only non-libertarian aspect is the word “temporary.”


Everything but open borders.

Cruise industry not confident it could borrow from any of the existing loan programs bc of offshore registration.

Sr. admin official says bipartisan Senate grp working to ensure they can access one of the facilities--or else will seek a legislative fix in the next package.

No US corporations, and no US workers, are harmed by the shutdown of the cruise industry.

Maybe US marketeers, executives, investors, aka rent seekers, but not US corporations or US workers. Let the various island nations subsidize their corporations and workers.

Not exactly.

I get the sentiment, but the Seattle cruise terminals bring in a lot of tourism dollars.

My tiny penis go Brrrrr

American CONSUMERS are hurt by a shut down of the cruise industry!

Of course, one solution would be to let US consumers borrow on favorable terms to take cruises! :-)

On efficiency grounds, shouldn't be treated differently from any other industry.

"Covid Cruise Line": It's a "therapeutic/treatment" cruise that is built like a hospital to contain the virus at sea. Plasma, ventilators, PPE, isolation rooms, everything you need.


Why not? :-)

Build it. They will come.

Other non-libertarian aspects include suspensions of the First, Second, etc. Amendments of the Constitution.

You do see that your little smirk doesn't even work the way you think right? If we lifted those protections without adding any other restriction we would still have free speech and gun ownership at will... probably much more than we have now!


how many obsessed with global warming now?

Wait until he lifts the regulations concerning the proper disposal of bodies.

Well, when the food shortages hit, we’re gonna need a new source of protein, so... Merck better start working on a kuru vaccine.

You call it Libertarian I call it common sense.

the amount of hyperbole on this blog is at an all time high. Besides not recording documentation, it's not radical and moreover, forced. Take the nonsense out and focus on common sense? such as look at the inflation rate on McDonald's food prices, one of the only restaurants open. When you politicize a pandemic to enact laws or changes, that is it the opposite of libertarianism. 1000 people is not nearly enough to declare a "quarantine." Much less are hospitals that barely function by common sense, a generational thing.

AMEN...commonsense? ...what's that?...panic, fear, herd mentality I can see those clearly...

Meanwhile somepeople in my country Nigeria still believe coronavirus aint real . i am so scared

Yeah, but be fair... they don't believe in tuberculosis either, and it kills 1.6 million people EVERY YEAR. No reason to focus our panic on SARS-CoV-2.

At least in Nigeria the US FDA can't stop you from buying a PCR test kit ;)

Has anyone checked on reports that NY State prison labor is used not to actually *make* hand sanitizer as claimed, but to transfer commercial product into bottles labeled "NYS Clean"?

But will any government entity be required to pay just compensation to its "non-essential" workers and firms for depriving them of their liberties? See:

Fantastic. I hope this is copied by other states and made permanent. Crises, including this one, are 99% liberty-destroying (so libertarians should never wish for crises to happen or get worse), but the other 1% creates a bit of hope.

Cuomo deserves a bit of praise on some small red tape cutting after dragging his heels on quarantining NYC and causing new Covid-19 cases to double every 24-48 hours.

It strikes me that "Remember that time we had to suspend all our health and safety regulations, even though this harmed people, because we couldn't practically enforce them in a time of crisis. Oh yeah. It was awful." is not exactly the sort of thing which will set you on a future path to stable de-regulation. (Should de-regulation even be either desirable or somehow equated with liberty.)

Who TF cares in these times if it seems as libertarian or what not.
I guess this is of importance to marginal economists.

if speed is of the essence
Dyson is the essence of speed (10 days)
go U.S.A!

Hopefully they can recover the costs of their capital investment.

The cost of a couple of pie pans, ....

"Bird created a prototype ventilator unit which was tested on seriously ill patients with limited success. His first prototype consisted of strawberry shortcake tins and a doorknob. Most of these first units were sold to the Army, in the original format of tins and the doorknob. Further revision resulted in the 1955 release of the "Bird Universal Medical Respirator" (sold as the Bird Mark 7 Respirator and informally called the "Bird"), a small green box that became familiar to hospital patients soon after its introduction. The Bird Mark 8 added the capabilities of NEEP (Negative End Expiratory Pressure). This was frequently used to power a set of fluidic servos (sort of relays.) He subsequently made a ventilator for infants, nicknamed the "Babybird". This device was one of several devices that appeared on the market designed to effectively ventilate small children and infants. These devices played a significant role in reducing the rate of breathing-related infant mortality from 70% to 10%.[11][12] The Bird Mark 7 Respirator is still in use around the world. In addition he produced the Fluid Control Device."

The units sold today are over engineered with lots of patents and marketing to increase revenue, which means cost to consumers.

The Bird Mark 7 and 8 are in wide use today globally because they cost only the manufacturing labor costs, with startup costs paid decades ago as firms copied units Bird developed and produced decades ago.

While new machines and materials can and are used in production, the advantage of cloning a Mark 8 is so many people know how to use it.

Just like a diuretic plus ACE inhibitor is a commodity drug to treat essential hypertension.

Its since circa 1980 that commodity products are no longer desirable in US health care because there can be no rent seeking when the cost is purely labor costs of high volume production.

Instead, ventilators with computer displays like combining a diuretic and ACE inhibit into one pill instead of two, is deemed a non-obvious invention deserving or patent monopoly to allow high rent extraction from taxpayers, private and public. (Employers required to provide the same health care to workers as to management to get tax deductions become private tax payers.)

Mulp says: "The units sold today are over engineered with lots of patents and marketing to increase revenue, which means cost to consumers."- lol. If that was true, the market would rush to build the off-patent versions from over 20 years ago. The fact that it's not means the 'over-engineered' versions are adding value that's valued by customers. Probably, I am guessing, they are safer, for medical malpractice liability purposes.

Yeah, thanks, but we'll call him libertarian when he allows people to use clean, hygienic plastic grocery bags any time they want.

Nah, call him libertarian now... it's like pointing out that Elizabeth Warren wrote a book on school choice, it keeps them from ever rising higher ;)

Libertarians Wet Their Pants on EPA Announcement:

“This EPA statement is essentially a nationwide waiver of environmental rules for the indefinite future. It tells companies across the country that they will not face enforcement even if they emit unlawful air and water pollution in violation of environmental laws, so long as they claim that those failures are in some way 'caused' by the virus pandemic. And it allows them an out on monitoring too, so we may never know how bad the violating pollution was,” she said in statement to The Hill.

The EPA has been under pressure from a number of industries, including the oil industry, to suspend enforcement of a number of environmental regulations due to the pandemic."

Wet pants may be disposed of any way you want, as there are pollution waivers.

Where do libertarians fit into a story from "The Hill" and a quote by an EPA executive?

@Bill - wow, I thought this was from The Onion, but it's not satire. I think TC is right in that AOC-style liberalism on the way out.
Internet: EPA suspends enforcement of environmental laws amid ...

The link brings up a 404.

Here is the link:

The reaction from those opposing this move does not seem to fit with the quoted passages from the EPA memo:

- The EPA will not "seek penalties for noncompliance with routine monitoring and reporting obligations". As described, this is related to documentation - not the levels themselves.

- "If a facility has exceedances of limits on pollution the policy does not offer any no action assurance. We retain all our authorities and will exercise them appropriately."

There is nothing libertarian about saying 'I am, temporarily, giving you permission - but soon I will be back to using violence against those who don't obey me'.

A libertarian removes restrictions - they don't lift them temporarily.

LIbertarians don't believe you should need to ask the state's permission - not that the state, sometimes, will grant blanket permission.

Give Alex a break -- he does not have the slightest idea what libertarian means. And he has never shown an interest in knowing.

You two knuckleheads don't have the slightest idea what good posting is!

Ho ho ho heh heh ha ha ho ho

I'm probably missing something here, but isn't this just a temporary lifting of the stranglehold the AMA and the doctor bund in general have had on American health policy since before Truman? Cuomo's rules seem to release a few sub-MD practitioners from having to pay rent to doctors, which has never been a main thrust of kid libertarianism.

In actuality, isn't practical libertarianism all about keeping government from stifling MD rights because anything else would be socialized medicine?

But of a sudden the commentary is about the cruise industry and gun rights and grocery bags and, maybe, ice rinks. WTF?

Maybe this is just a one-off, and MR and its commentariat are not as unanchored or clueless and misdirected as they seem to be.

In actuality, isn't practical libertarianism all about keeping government from stifling MD rights because anything else would be socialized medicine?

So enforcing rent seeking is now libertarianism? Huh? Apparently in Chapo Trap House land, libertarians are responsible for making it illegal for foreign doctors to practice in the US.

It might be you that's "unanchored or clueless and misdirected"

"By virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency...."

Cowen really letting his freak autocrat fetish flag fly. The authority cited was a rush job giving the governor blanket discretionaty authority to waive laws and regulations. Real strong man rule stuff. You got to wonder why libertarians are so anti-democracy and so pro-autocrat.

"20% less democracy and a love letter to (big) business"?

You can be sure that he would wet his pants if Trump were given such broad authority. As would I, except I would object to it being given any executive. None of this authority for me but not for thee nonsense. The populist approach of across the board permanent deregulation is much superior.

You can tell which regulations are "essential" for "sustaining life" by the ones that remain operational during a pandemic.

The only non-libertarian aspect is the word “temporary.”

I guess that shows why applying labels is foolish. Actions and approaches change with time and situations but to apply a label implies a permanent state of being.

Radically relaxing EHR input requirements for NY doctors. BOLD! My contrarian view - doctors will still write legit notes - they will just be better notes! Eager to see the retro studies on this, when this is all over.

Great -- so in addition to dying by Covid now face the risk of having some half-trained PA or NP try to intubate me and killing me.

Actually who are we kidding? No actual NP or PAs are going to flood into the market as libertarians dream because they (rightly) fear diseases and unpleasant work outside the comfort of a doctor-insured and run cozy practice. If there were these mythical pools of competent professionals on the sidelines just prevented from practicing their life callings by regulations, they would likely already be practicing in one of the many states who already allow what Cuomo (and the libertarians) are applauding....Foreign docs similarly are a huge fraction of physicians already in the US and the ones who aren't but supposedly driving taxis are the ones too incompetent to make it through a process already much too lax in allowing subpar clinicians through (hence our malpractice and error rates which are nowhere near amazing)

Cuomo's move is just the first step in the Democrats' attempt to keep the unelectable Joe Biden off the presidential ticket.

The record keep change is a bit interesting in the sense that the record keeping itself is largely an administrative overhead for the medical provider in serving the patients needs but provides a lot of value later in the form of good data for analysis.

To the extent that record keeping is really about CYA legal activities perhaps we will learn here and keep good changes. To the extent we lose good data that would then be helpful to the next set of patients and related treatments this is a trade off between the immediate needs now (call it consumption of the medical service) over future needs (call that investment in tomorrow's medical services).

Emergencies will always tend to shift some margins from future to current, so reduce the savings/investments and increase current consumption. Maybe this points to other investments that may be useful to make once this crisis passes.

A few days ago, from March 22:

Cuomo said during his daily press conference on Sunday that the federal government “should nationalize medical supply acquisition” instead of leaving it to the states. He encouraged Trump to order the production of masks, gowns and ventilators, among other medical supplies.

That sounds like the opposite of libertarian. Tabarrok is rooting for team Democrat and is bending his ideology to accommodate that.

Next, that thinking is silly. Companies are already rushing to make masks and in-demand medical gear, and simply raising the price would amplify that, without ridiculous moves like nationalizing production.

The other error (from a Neo-liberal pov) is not requiring a cost-benefit analysis of the regulations before being re-imposed just as all regulations should face.

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