a service of the Nevada Policy Research Institute

Issues

Analysis
The Ongoing Assault

The Nevada business community must
organize for political self-defense.

By Steven Miller
Business Nevada

After some 700-plus pages examining 20th Century Communism’s amazing record of mass-murder and terror, the distinguished European scholar-authors of the international bestseller, The Black Book of Communism, ask the simple question: “Why?”

Their answer—the fruit of a long trek through recently opened Soviet-bloc archives covering over seven decades of Communist crimes—has significance for contemporary Nevada.

“The real motivation for the terror,” wrote the Black Book’s authors, “… stemmed from Leninist ideology and the utopian will to apply to society a doctrine totally out of step with reality.” And Leninist ideology itself, they make clear, was little more than the desire to use lethal force against people to mold them into forms dictated by crackpot economic and social theories.

Speaking of utopian schemes totally out of step with reality, let’s now move our attention to Assembly Bill 322, sponsored by Assembly Speaker Richard Perkins and passed out of the Legislature’s lower chamber April 26. Unanimously in favor were the Assembly’s 26 Democrats; unanimously opposed, the chamber’s 16 Republicans.

In AB 322, Nevada’s would-be Governor Perkins advanced the novel proposition that, because major Silver State hospitals are of great importance to the health of Nevadans, their property rights should be voided and their investors and operating personnel legally reduced to state servitude. 

“Each major hospital,” says Sec. 7, paragraph 1, of Perkins’ bill, “shall … For the fiscal year beginning on July 1, 2006 and for each succeeding fiscal year, provide community benefits and charity care, in that fiscal year, in an amount which represents at least 4 percent of the total operating revenue of the major hospital for that fiscal year.”

Should any hospital not go along with the program, the state Division of Health Care Financing and Policy (DHCFP) “shall … assess the major hospital with a civil penalty in an amount equal to the difference between the amount of community benefits and charity care the major hospital was required to provide and the amount of community benefits and charity care the major hospital actually provided.”

The DHCFP would also inform “the Attorney General of all cases of suspected noncompliance with the requirements of this section,” and deposit the “civil penalties” into the State General Fund.

In the best Soviet fashion, AB 322 would have compelled the hospitals to submit an annual plan “On or before July 1 of each year,” to the state Department of Human Resources for “the provision of community benefits and charity care adopted by the major hospital….” along with any such plans by the hospitals’ out-of-state parent corporations, if any.

Next, “On or before November 1 of each year,” the hospitals must report to the DHCFP “on the community benefits and charity care provided…” Finally, “on or before February 1, 2007, each major hospital shall submit” to the DHCFP “and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature[!] a report on the community benefits and charity care provided by the major hospital ….”

Assembly Bill 322 “died” in the state senate last week, unable to get out of committee. Yet its ideas remain in play as possible elements for a Senate “compromise” bill. Even more important, AB 322 remains an exceptionally important indicator of the ominous situation confronting the Nevada business community.

First, perhaps what is most remarkable is the widely expressed belief that Assemblyman Perkins and the Assembly Democrats saw this particular legislation as something that could advance their political prospects. To be sure, demagogy over hospital expenses—expenses largely driven up by inept government programs—has long been a staple of Nevada politics. But AB 322 displayed such massive contempt for the rights of private property as to set a new low. It is difficult to believe that a majority of Nevada voters would ever knowingly elect politicians who threaten to turn people who organize as corporations into slaves of the state—merely because their services are important. Yet Assembly Democrats apparently did believe this, revealing the fundamental extremism that now often dominates their activities.

Second, substantial evidence suggests that one covert purpose of AB 322 was, like AB 342, to “tenderize” major Southern Nevada hospitals in preparation for future negotiations with the Health Services Coalition. The HSC represents all Southern Nevada’s politically powerful government and private sector unions—the major political interest group supporting Assembly Democrats—in health-service purchasing negotiations with hospitals. This February the unions expressed unhappiness about their inability, during tough negotiations, to compel large hospitals to accept union-preferred rates. At the time, Perkins indicated plans to introduce legislation to increase the Coalition’s clout.

The Nevada Assembly has degenerated into an ongoing extortion ring. Every legislative session it shakes Silver State businesses down for an ever-larger proportion of their earnings, while singling out some new industry for “special attention.”

In 2003 it was the banks on the barbecue spit; in 2005 it is the hospitals. Next session in will be your business.

The Nevada business community must organize for political self-defense.