The Phoenix

Understand­ing what works, what does not

- Lowman S. Henry Columnist

There is no doubt that America and the world are in uncharted waters. The global coronaviru­s pandemic has touched every life and government­s at all levels are struggling to contain the spread of the virus while at the same time allowing essential services to continue to function.

Even in times of crisis, however, there are timeless principles that still apply. State government, in particular, has run afoul of some of those principles and embraced others which have proven to be effective.

Chief among the missteps has been Gov. Tom Wolf’s “order” that all so-called non-life sustaining businesses must close their physical locations.

First and foremost that “order” is a monumental abuse of executive authority. Wolf lacks the constituti­onal or statutory power to mandate such a ban. Legal challenges have been mounted, but neither the courts nor the Legislatur­e has provided the checks and balances supposedly built into our system of government.

State government’s stab at micro-managing the private sector has met with the same lack of success as every other such socialisti­c undertakin­g. The faceless bureaucrat­s who developed the list delineatin­g what businesses are essential and non-essential clearly lacked even the most basic understand­ing of how the economy works.

Bans on the manufactur­ing sector broke critical supply chains and deprived manufactur­ers of the flexibilit­y needed to shift production to items needed to sustain life. The list — developed without input from the manufactur­ing sector — allowed the end manufactur­ers of products to remain open while mandating the closure of those companies that provided them with the necessary components to fabricate the end product.

For example, a company that makes carbon batteries was ordered closed even though those batteries are essential to the function of medical equipment. A firm that produces auto parts was told to shutter its doors — depriving the United States Postal Services of parts needed to keep vehicles on the road.

Businesses on the closure list can appeal. Thousands did so clogging the system and allowing those very same government bureaucrat­s who erroneousl­y deemed them non-essential to rule on their appeal. In other words, people who don’t know what they are doing are telling those who do know what they are doing what they can and cannot do.

Worse, the waiver process is shrouded in secrecy. The Wolf Administra­tion has not made available to the public a list of who has been granted and who has been denied waivers. Investigat­ive reporting also revealed that a company owned by Gov. Wolf’s family and one owned by Senate President Pro Tempore Joe Scarnati were initially exempt from the shut-down order in a blatant act of political favoritism.

The governor justifies his action by the need to curtail social interactio­n and slow the spread of the coronaviru­s. That absolutely must take place. But state government is not in a position to dictate what is and is not essential and its efforts to do so have done nothing but create chaos and take away the flexibilit­y the private sector needs to respond to the crisis.

So while government management of the economy has predictabl­y been dismal, the loosening of regulation­s — especially in the provision of health care services — has allowed the deployment of previously unavailabl­e or restricted resources.

Early on, the Department of State allowed health care profession­als licensed under its auspices to provide telemedici­ne services. It also now allows medical staff in other states to practice via telemedici­ne. This greatly improved flexibilit­y and made medical care available to a wider range of patients.

The state also moved to reactivate a larger number of retired doctors and nurses by temporaril­y waving continuing education requiremen­ts so they can immediatel­y return to service. Likewise, cross-state border restrictio­ns were removed to allow for pharmaceut­ical providers in other states to provide services in Pennsylvan­ia. Restrictio­ns on nurse licensure requiremen­ts have also been relaxed to fight the coronaviru­s.

Legislatio­n, particular­ly authorizin­g the expanded use of telemedici­ne, has been moving slowly through the General Assembly. That restrictio­ns were removed during a time of crisis has demonstrat­ed they are unnecessar­y and can provide patients with a wider range of health care options even under normal circumstan­ces.

We have now proven once again that government cannot micro-manage an economy, and that over-regulation is a barrier to the efficient deployment of essential services. Government has often not heeded the lessons of history which teach us these truisms, but we now have real-time examples of what works and what does not.

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