Late in the day on November 27th, the White House released 3415 regulations. This is not new. The press calls it a regulations dump. It happens late in the day. By the time the press gets around to covering it, the White House calls it “old news.” Why do they choose to do it at a time when it will not get immediate coverage? In this case, it was mostly EPA regulations and imposed fees. When these same regulations were in the discussion phase, the agencies claimed it would save you money. Now that the scoring is in, we know it will cost billions in higher utility and energy bills.
Aren’t there also good regulations? Maybe there are. Regulations didn’t prohibit cigarettes, they made smoking them more expensive. Along the way, we lost a little freedom. So sometimes what a regulation is depends on one’s perspective. The FTC Funeral Rule was enacted to protect the public. The Act was well intended but the public ended up paying more. Need I say more?
It is a mistake to think that regulations hurt the rich and help the poor. The Funeral Rule is not an exception. The Dodd-Frank banking regulations didn’t make it easier for low income people to borrow money. It is more difficult than ever. More often or not, regulations dampen productivity by helping incumbent businesses against new competition.
The Medical Privacy Act was enacted to create privacy. The way it impacted me was that all my physicians routinely have me sign waivers. One of my providers is called Cardiology Clinic of San Antonio. More than a dozen heart specialist incorporated and had a beautiful practice. Today, they have sold and they are all employees of the Methodist Hospital System. This is happening everywhere. They could not stand up to the regulatory heat.
The Obama Administration has been very active on the regulations front. In 2014, they added 75,000 pages to the Code of Regulations. Thanks for nothing. It may be years before we really know how the new regulations impact us. Take for example the Affordable Care Act. We are still learning who it affects, how it affects them, and how much it will cost healthcare customers. About the time the experts get it analyzed, President Obama changes it.
To employers everywhere, including the death care industry, it means you may not have rights you consider basic. Your right to fire an employee with or without cause depends on what state you operate in, any pre-existing contract with the employee, etc. One employer that is our customer, neglected to give an employee safety training. He wasn’t reported to OSHA. Instead, the employer was sued by the employee for mental anguish. The settlement that was reached was more than twenty times the average OSHA fine.
It’s a difficult business climate to navigate and it’s not getting any easier. Think before you act. Get help when you don’t know. Also, realize that the expenses you generate for doing that will mean you cannot pay your employee as much as you thought. In this climate, only the lawyers win.