News of the Day

David vs. Goliath on Soaring Health Costs

Self-insured employers have been fighting the good fight against runaway health costs for their companies and for their workers for decades, without much help from state and national politicians. But a ray of sunshine has emerged: the courts.

A cause-driven law firm, Fairmark Law, has filed a federal class-action law suit in Wisconsin on behalf of self-insured employers and their employees against one of the state’s biggest hospital conglomerates, Advocate Aurora Health. The firm is charging monopolization and price gouging. The David versus Goliath suit was filed in the name of a small company, Uriel Pharmacy based in East Troy, Wisconsin.

The Medical Industrial Complex (MIC) of big hospital corporations and giant health care insurers has increased its rates close to 8% per year over the last two decades. That gouging has had the cumulative effect of raising the cost of care for a family of four to $22,000 to $30,000, depending on which consultant is keeping score.

In contrast, the most astutely managed company health plans have limited inflation to 2% to 3% per year. Total costs for a family can run $12,000 to $14,000 per year. That’s still expensive, but not outrageously so. (Note: The pure medical side of American health can be exemplary.)

That massive cost discrepancy is at the heart of the Fairmark case against Advocate Aurora.

Fairmark looks at the courts as one way to overcome anti-competitive contracting and imbalance of power between smaller payers and the Medical Industrial Complex.

Its Wisconsin case will be buttressed by a recent Rand Corp. analysis that ranks the state 4th highest in the country in comparison to Medicare payments. Our hospitals charge private companies three times what they pay Medicare.

Advocate Aurora Health has a monster merger in the works with Atrium Health of North Carolina. It’s hard to see any operating synergies between those two distant operations. But the combination would gain leverage for higher prices with the nation’s largest health insurers.

 

New Elections Commission Chair Hopes to Restore Faith in Wisconsin Elections

The recently-selected chair of the Wisconsin Elections Commission said Monday he hopes to help restore voter’s faith in the state’s elections.

Republican attorney Don Millis was appointed to the WEC on June 8 by Assembly Speaker Robin Vos. Two days later, the six-member board selected him as its new chair.

In an appearance on WPR’s “The Morning Show,” Millis said he wants to “return to a time in which people could rely on or have faith in the election process.” He said “safeguards” such as voter ID and a statewide voter registration did not prevent challenges to the results of the 2016 and 2020 presidential elections.

“I think there’s less faith in the confidence that elections, election results reflect the true vote than at any time in our history,” Millis said.

Millis laid out his ideas for using federal funding to increase audits of voting machines following elections. He said his goal would be an audit of 10 percent of voting machines statewide after each general election.

“That’s a process in which you rerun the ballots and then you hand count the ballots to see what the error rate (is),” Millis said.

In 2018 and 2020, those random audits covered about 5 percent of voting equipment across the state. Neither audit found issues or anomalies with the machines checked.

“There’s a couple reasons for (auditing),” Millis said. “One is to make sure that the machines are running properly. The other is educational, because despite the best efforts of our clerks, often people will not make marks the way they should.”

Franchise Group Enters Exclusive Talks over Kohl’s Sale

Kohl’s Corporation has entered exclusive negotiations with retail store operator Franchise Group, Inc. over a potential sale of the department store chain, valuing it at nearly $8 billion, the companies said late on Monday. The bid of $60 per share constitutes a premium to Kohl’s closing price of $42.12 on Monday, giving it a market value of about $5.4 billion.

Franchise Group, owner and operator of retail stores such as The Vitamin Shoppe and Buddy’s Home Furnishings, said the companies have entered into a three-week-long exclusive discussion.

“The purpose of the exclusive period is to allow FRG and its financing partners to finalize due diligence and financing arrangements and for the parties to complete the negotiation of binding documentation,” Kohl’s said.

Kohl’s said the deal is subject to board approval and provided no assurance that an agreement would be finalized.

The Wisconsin-based department store chain was under pressure after activist investors Macellum Advisors GP LLC and Engine Capital LP called on Kohl’s earlier this year to sell itself.

President Biden lays out Plan to Fight Inflation

President Biden laid out a three-part plan on Tuesday for combating high inflation.

The first part of his plan was an acknowledgment that the Federal Reserve “has a primary responsibility to control inflation.”

The second part involved making goods more affordable for families with a focus on high gas prices. His administration has blamed Russia’s invasion into Ukraine for the high price of gas and Biden touted the release from global oil reserves and called on Congress to pass clean energy tax credits. Biden’s plan to make goods more affordable also includes fixing supply chains, improving infrastructure, “and cracking down on the exorbitant fees that foreign ocean freight companies charge to move products.”

The third part of the president’s plan involved reducing the federal deficit through “common-sense reforms to the tax code.” “We should level the international taxation playing field so companies no longer have an incentive to shift jobs and profits overseas. And we should end the outrageous unfairness in the tax code that allows a billionaire to pay lower rates than a teacher or firefighter,” he said.

 

Tourism Spending in Wisconsin Outperforms National Average

Tourism spending in Wisconsin has outperformed the national average for the past two years in comparison to 2019 numbers, state officials announced.

A release from Gov. Tony Evers spotlighted figures from the Travel Recovery Insights report released by the U.S. Travel Association and Tourism Economics. It shows travel spending in the state in February was 1 percent lower than in 2019, while the national average was 6 percent lower.

The release also notes Wisconsin in February “fared better than tourism powerhouses” such as Texas, Michigan, North Carolina, Hawaii, California, Minnesota, Illinois and New York, each of which were down between 4 and 18 percent compared to the same month in 2019.

A graph included in the release shows tourism spending in the state has largely followed the national trend, with a sharp dip in early 2020 coinciding with the start of the pandemic. Travel spending in the state has remained below 2019 numbers for much of 2020 and 2021, and exceeded 2019 for the first time in September of last year.

Over the six-month period ending in February, travel spending in the state exceeded 2019 levels four times, the release shows. It was up 1 percent in September, down 4 percent in October, up 1 percent in November, up 4 percent in December, up 1 percent in January and down 1 percent in February.

Overall economic impact data for 2021 won’t be available until June, the release shows, but the state’s tourism industry in 2020 saw $17.3 billion in business sales and supported more than 157,000 jobs. In 2019, those numbers were $22.2 billion and 202,000 jobs, according to figures provided by Travel Wisconsin.

The Stats are Alarming: Congress Must Act to Curb Retail Crime

The groundswell of organized retail crime is a national issue that risks spreading local law enforcement thin. While the American public sees headlines of smash-and-grab robberies or watches shock-inducing footage of their favorite retailers left ransacked and wrecked, it’s our local police forces that are left to pick up the pieces.

Almost 70 percent of storefronts have reported an increase in theft this past year, and the Coalition of Law Enforcement and Retail estimates that organized retail crime accounts for $45 billion in annual retail losses. In one instance alone in February 2021, a group brazenly grabbed handbags worth $165,000 from the shelves of a Chanel store in New York in a daytime robbery.

Why the sudden spike in crime sprees over the past couple of years? Historically, organized retail crime tends to increase in challenging times. According to U.S. court statistics, retail theft skyrocketed by 16 percent after 9/11 and by 30 percent during the 2008 recession. It’s no surprise that we are seeing a similar, albeit accelerated, trend amid the protracted pandemic and crippling inflation.

But what makes this current organized retail crime wave more pervasive and problematic than ever is where these stolen goods may end up once they are swiped from store shelves. Gone are the days of pawning stolen merchandise on street corners and flea markets; criminals are turning to the anonymity of the internet to peddle their loot. Stolen items are showing up on the virtual marketplaces that consumers traffic on a daily basis, seamlessly fitting in with honest online storefronts and businesses.

That’s why federal legislation such as the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers, or INFORM Consumers Act, could be a valuable and essential tool. It’s the least Congress can do to support law enforcement online as they continue to work to combat organized retail crime. The bill requires online marketplaces to clearly disclose contact information of certain high-volume, third-party sellers to consumers and provide consumers with ways to report suspicious marketplace activity. The Federal Trade Commission and state attorneys general would have authority to enforce the requirements.

 

U.S. Manufacturing Activity Slowed in April

Factory activity in the United States last month dropped to its lowest level since July 2020 as supply chain snarls intensified amid a new wave of pandemic-related lockdowns in China, an industry survey said on Monday.

The Institute for Supply Management said its manufacturing index dropped almost 2 percentage points to 55.4 percent in April, against expectations for a modest increase, but still above the 50-percent threshold indicating expansion.

The culprit was a renewed flareup in the supply chain woes that have dogged American factories throughout their recovery from the Covid-19 downturn, and in particular, China’s aggressive moves to stop renewed outbreaks in Beijing, Shanghai and other major cities.

“Overseas partners are experiencing Covid-19 impacts, creating a near-term headwind for the US manufacturing community,” said Timothy Fiore, the survey’s chairman. “Fifteen percent of panelists’ general comments expressed concern about their Asian partners’ ability to deliver reliably in the summer months, up from 5 percent in March,” he added.

 

We Energies Proposes Raising Electric Bills for Clean-Energy Transition

We Energies wants to raise your rates. Residential customers would see electric bills go up $5 to $6 per month to cover what We Energies calls the largest clean-energy transition in its history, according to our partners at the Milwaukee Business Journal.

The proposed electric rate increases would be 5% to 6%, the company said.

The investment includes $175 million for a solar farm in southwest Wisconsin. It creates nearly as much power as the biggest coal burning unit at the Oak Creek power plant with zero emissions.

It also includes $660 million for two large solar and battery projects in southeast Wisconsin. The company said it also plans to spend $700 million over the next decade to bury power lines and strengthen its delivery against severe weather, the Milwaukee Business Journal reports.

The typical customer’s rate increase will amount to $4 to $8 per month for natural gas. However, the majority of a customer’s gas bill results from therms used rather than the base rate.

A final decision on the rate change is expected later this year.

Wisconsin Supreme Court Adopts GOP-Drawn Legislative District Maps

The Wisconsin Supreme Court on Friday adopted Republican-drawn maps for the state Legislature, handing the GOP a victory just weeks after initially approving maps drawn by Democratic Gov. Tony Evers.

The court reversed itself after the U.S. Supreme Court in March said Evers’ maps were incorrectly adopted, and came just as candidates were about to begin circulating nominating papers to appear on this year’s ballot without being sure of district boundaries.

The Wisconsin Supreme Court had adopted Evers’ map on March 3, but the U.S. Supreme Court overturned it on March 23. The high court ruled that Evers’ map failed to consider whether a “race-neutral alternative that did not add a seventh majority-black district would deny black voters equal political opportunity.”

Evers told the state Supreme Court it could still adopt his map with some additional analysis, or an alternative with six majority-Black districts. The Republican-controlled Legislature argued that its map should be implemented.

The Wisconsin court, controlled 4-3 by conservatives, sided with the Legislature.

“The maps proposed by the Governor … are racially motivated and, under the Equal Protection Clause, they fail strict scrutiny,” Chief Justice Annette Ziegler wrote for the majority, joined by Justices Patience Roggensack, Rebecca Grassl Bradley and Brian Hagedorn.

The Legislature’s maps, they wrote, “are race neutral” and “comply with the Equal Protection Clause, along with all other application federal and state legal requirements.”

Hagedorn, a conservative swing justice, initially backed Evers’ map but reversed himself once the matter came back before the court. In a separate concurrence, he wrote that the U.S. Supreme Court decision required the state court to adopt a race-neutral map, and the Legislature’s maps “are the only legally compliant maps we received.”

The court’s three liberal justices — Jill Karofsky, Ann Walsh Bradley and Rebecca Dallet — dissented. Karofsky, writing for the minority, said the Legislature’s maps “fare no better than the Governor’s under the U.S. Supreme Court’s rationale.”

DATCP, WEDC Announce New Wisconsin Agricultural Export Advisory Council

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Secretary Randy Romanski and Wisconsin Economic Development Corporation Secretary and CEO Missy Hughes announced yesterday the creation of the new Wisconsin Agricultural Export Advisory Council (WAXC). This council will help guide the initiatives created through the Wisconsin Initiative for Agricultural Exports (WIAE), a collaborative project between DATCP and WEDC to promote the export of Wisconsin’s agricultural and agribusiness products.

The council includes international trade experts from WEDC and DATCP, state legislators, and agriculture organizations and agribusinesses representing crop, dairy, and meat products. The council will meet at least twice per year, and the first council meeting will take place at 9 a.m. on May 4, 2022 at the WEDC headquarters, 201 West Washington Avenue, Madison, WI 53703. These meetings are open to the public, and are
expected to have virtual attendance options.

Wisconsin agricultural exports reached an all-time high of $3.96 billion in 2021. Through the WIAE, DATCP is working collaboratively with WEDC to build on that momentum by promoting Wisconsin agricultural products in the international marketplace.