December 14, 2013
SO ON MY ADMINISTRATIVE LAW EXAM THIS SEMESTER, one of the questions involved a proposal for subjecting hospitals to rate-of-return regulation like utilities. Though the question was just a vehicle to get students to show that they understood how that works, and related issues like “gold-plating” and stranded investments, as I’ve graded the exams I’ve gotten the uneasy feeling that someone might actually propose this . . . .
Another question involved the Milo Barbell Company facing FDA regulation of its weight equipment as a “medical device” because it affects the structure and function of the body without chemical action.