Friday, March 27, 2020

Governor Cuomo: Libertarian

By Alex Tabarrok.

"NY State Governor Cuomo’s lifting of regulations to deal with the coronavirus emergency may be the most libertarian government document in a generation. Here are a few laws that have been suspended or modified:
Paragraph 1 of Section 6542 of the Education Law and Subdivisions (a) and (b) of Section 94.2 of Title 10 of the NYCRR to the extent necessary to permit a physician assistant to provide medical services appropriate to their education, training and experience without oversight from a supervising physician without civil or criminal penalty related to a lack of oversight by a supervising physician;
Notwithstanding any law or regulation to the contrary, health care providers are relieved of recordkeeping requirements to the extent necessary for health care providers to perform tasks as may be necessary to respond to the COVID-19 outbreak, including, but not limited to, requirements to maintain medical records that accurately reflect the evaluation and treatment of patients, or requirements to assign diagnostic codes or to create or maintain other records for billing purposes. Any person acting reasonably and in good faith under this provision shall be afforded absolute immunity from liability for any failure to comply with any recordkeeping requirement.
Subparagraph (ii) of paragraph (2) of subdivision (g) of 10 N.Y.C.R.R. section 405.4, to the extent necessary to allow graduates of foreign medical schools having at least one year of graduate medical education to provide patient care in hospitals, is modified so as to allow such graduates without licenses to provide patient care in hospitals if they have completed at least one year of graduate medical education;
Sections 3502 and 3505 of the Public Health Law and Part 89 of Title 10 of the NYCRR to the extent necessary to permit radiologic technologists licensed and in current good standing in any state in the United State to practice in New York State without civil or criminal penalty related to lack of licensure;
The only non-libertarian aspect is the word “temporary.”"

HEB doing more than the federal government to respond to coronavirus

Every Grocery Store Should Be Handling the Pandemic Like This Texas Chain: Whole Foods, local grocery chains, and probably the federal government could take a page from HEB's emergency preparedness book by Hannah Smothers.
"Every person who grew up or even just briefly lived in Texas knows two things, by heart: the pledge of allegiance to the state flag, and that “no store does more than my HEB.” The beloved grocery store is universally known (among Texans, and anyone who knows a Texan) for fresh tortillas, smiley employees, and generally being the best place to buy food in the state. But for the past three months, doing more has also included perhaps the smoothest and swiftest response to the COVID-19 pandemic in the entire country. HEB’s list of coronavirus safety measures is long and thorough, and more stores—especially in places with already high confirmed cases—should be doing exactly what the Texas chain already has.


Grocery stores have become an unexpected frontline of the coronavirus pandemic, as people facing quarantines and lockdown crowd in to hoard toilet paper, flour, and hand sanitizer (or just to absently browse, which is sick and wrong). Grocery employees are considered essential workers, meaning they’re among the few groups who have to keep leaving their homes and commuting, even as the rest of us are told to stay home and stay well. For workers and customers alike, grocery store aisles are easily one of the most dangerous places anyone can be during the pandemic. Some stores have taken measures to mitigate that danger and keep people safe, to the best of their ability. Others have gone the White House route and can’t seem to get it together, risking the health of countless people all the while.

HEB, meanwhile, has remained countless steps ahead of the game. Before the WHO upgraded coronavirus to pandemic status, before the White House and most state governments announced any plans, and before there was even a single identified case in Texas, HEB—the beloved, Texas-only grocery chain—was preparing an emergency response plan it’s been refining since 2005.

“When did we start looking at the coronavirus? Probably the second week in January, when it started popping up in China as an issue,” Justen Noakes, director of emergency preparedness at HEB, recently told Texas Monthly in an oral history about the store’s much-lauded response to the pandemic. Current customers and far flung HEB fans alike regularly praise the multi-billion dollar chain for doing more than the federal government to respond to coronavirus, a statement that becomes distressingly more true each day. After reading the Texas Monthly story, Arnold Schwarzenegger referred to HEB’s response as “a masterclass in preparation and being ready to support your community.” Within a month of the virus reaching Texas, HEB had done more to protect shoppers and employees and replenish empty shelves than any store in New York City, the epicenter of the U.S. coronavirus pandemic.

Since early March, HEB has:
  • Extended fully paid medical leave to anyone diagnosed with coronavirus
  • Given hourly store, warehouse, manufacturing, and distribution employees $2/hour pay increases through April 12
  • Shut down high-contact services, like bulk bins, salad bars, and the famous in-store tortillerias
  • Offered concierge low-cost delivery services to seniors
  • Asked corporate employees to volunteer for in-store and warehouse shifts
  • Set aside essential items for employees
  • Limited store hours to allow for restocking
  • Put purchasing limits on a slew of essential items
  • Placed social distancing stickers on the floor, marking where customers can be six-feet from one another
  • Started individually sanitizing carts before handing them to customers, who enter the store single file during busy hours
  • Installed plexiglass shields at registers to protect cashiers


The only grocery store I’ve gone to since coronavirus started spreading throughout New York City is a Union Market two blocks from my apartment, which I normally never shop at because it’s exorbitantly expensive. The last time I went, a little over a week ago, they’d just started closing early, letting seniors shop before opening, and had stuck pieces of painter’s tape every six feet on the floor in the register line, to mark where people should stand.

I stopped going to the Key Food around the corner because, the last time I went, the lines for the registers were crammed into one of the store’s slim aisles and it was impossible to move around without bumping into another person. It felt chaotic and dangerous to be there, and that was after five minutes, not an eight-hour shift. Compared to HEB, whose Texas stores are the size of airplane hangars, NYC grocery stores have the unfair disadvantage of having to cram as many aisles as possible into very small spaces...; but that’s just all the more reason to limit customers and minimize contact.

As a privately held, $28 billion-a-year company, HEB could probably swing more than a temporary, $2 raise for hourly workers, and employees still say working at even a well-prepared grocery store right now is unnerving and scary. But in the face of reports about Whole Foods employees getting sick, having panic attacks on the job, being instructed to buy hand sanitizer elsewhere, and encouraged to share sick leave with colleagues, HEB’s response is practically golden. HEB probably had a head start because it operates solely in a state where hurricane season means nearly annual emergency situations, but there’s no discernible reason why Amazon-owned Whole Foods (or any other grocery store) couldn’t start taking a page from HEB’s playbook and put many of the same measures in place to protect its employees going forward."

James Dyson designed a new ventilator in 10 days. He’s making 15,000 for the coronavirus pandemic fight

By Nada Bashir of CNN Business.
"Dyson has received an order from the UK government for 10,000 ventilators to support efforts by the country’s National Health Service to treat coronavirus patients.

James Dyson, the company’s billionaire founder, confirmed the order in a letter to employees shared with CNN on Wednesday.

“A ventilator supports a patient who is no longer able to maintain their own airways, but sadly there is currently a significant shortage, both in the UK and other countries around the world,” Dyson wrote.
Dyson said the company had designed and built an entirely new ventilator, called the “CoVent,” since he received a call 10 days ago from UK Prime Minister Boris Johnson.

“This new device can be manufactured quickly, efficiently and at volume,” Dyson added, saying that the new ventilator has been designed to “address the specific needs” of coronavirus patients.

A spokesperson for the company, which is best known for its vacuum cleaners and hand dryers, said the ventilators would be ready by early April. Dyson, who has wealth worth $10 billion according to Bloomberg, wrote in his letter that he would also donate 5,000 units to the international effort to tackle the pandemic.

“The core challenge was how to design and deliver a new, sophisticated medical product in volume and in an extremely short space of time,” he added. “The race is now on to get it into production.”

Healthcare workers in many parts of the world are having trouble enough critical supplies, such as masks, gloves and ventilators, to deal with the influx of patients suffering from the highly contagious virus.

In the United States, Ford has announced that it’s working with 3M and GE Healthcare to produce medical equipment including ventilators and protective gear. GM and Tesla have also pledged to make ventilators."

Creativity and Compassion Continue to Combat the Coronavirus

The private sector is pulling through

By Veronique de Rugy.
"It’s easy to feel depressed and scared these days. News about the impact and death toll of the new coronavirus, COVID-19, is constant. Government responses have been chaotic, ranging from near-indifference to suddenly shutting down the economy, with politicians offering to pay for everything.
Yet we shouldn’t lose sight of the exceptional vitality that the private sector is demonstrating during this mess. It will make a difference, so cheer up!

After what can only be described as a multilevel government failure that resulted in the United States having practically no coronavirus tests available for weeks after the onset of the pandemic, the private sector ramped up its production so much that we’re now testing 65,000 people every day. This number is bound to grow. The tests are a crucial component of making it through this crisis, and they’ll become even more accurate and deliver results faster as innovators do what they do best when they’re unhindered by silly or contradictory government regulations.

Singapore’s Veredus Laboratories, for example, said it will soon release “Lab-on-Chip” kits to test patients for three kinds of coronavirus within two hours. Four American startups had also launched at-home tests for COVID-19, until the Food and Drug Administration unwisely demanded they stop issuing or testing kits.

There are many other remarkable developments. For instance, only a few weeks after the beginning of this outbreak in the United States, many pharmaceutical firms worked at lightning speed to develop a vaccine. Last week, the first doses of an experimental COVID-19 vaccine were administered to a group of volunteers. Many companies are hard at work trying to come up with a cure. Whether it’s testing old medications to figure out if they can mitigate the virus’s effects or developing new drugs, the private sector is going full speed ahead to help.

Americans, especially health-care professionals, need face masks. Companies nationwide are shifting resources to produce more masks. The firm 3M, for instance, announced that it “ramped up to maximum production levels of N95 respirators and doubled our global output to a rate of more than 1.1 billion per year, or nearly 100 million per month.” 3M Chairman and CEO Mike Roman added that “more than 500,000 respirators are on the way from our South Dakota plant to two of the more critically impacted areas, New York and Seattle, with arrivals expected starting tomorrow. We are also ready to expedite additional shipments across the country.”

What about companies that weren’t in the face mask business? A group of American apparel and textile companies like Fruit of the Loom and Hanesbrands came together almost overnight to create a medical face mask supply chain to help hospitals, health-care workers and citizens battling the virus’s spread. Efforts like this abound.

It gets even better. Researchers trying to understand where best to send supplies or how to mitigate outbreaks are now being helped by Facebook’s disease prevention maps, which display population density, demographics and travel patterns. As George Mason University’s Tyler Cowen also explains for Bloomberg, “Skype and Zoom sessions will replace many a class, and the textbook companies are stepping forward with electronic portals that present classroom materials, interactive exercises and grade student answers.”

Creativity and selflessness are on display everywhere. In Canada, an anesthetist managed to turn one life-saving ventilator into nine. In Italy, a company used its 3D printer to manufacture much-needed ventilator valves to be used in that country’s overwhelmed hospitals. These entrepreneurs then created another life-saving device. As they explain in the New York Times, they modified “a snorkeling mask already on the market to create a ventilation-assisted mask for hospitals in need of additional equipment, which was successful when the hospital tested it on a patient in need.”

And where I live in Virginia, a couple has been 3D-printing shields to protect N95 masks. The Washingtonian reports, “For each request received, the Filkos are covering shipping costs and sending four free masks to doctors, nurses, and other healthcare workers.”

Companies are indeed stepping up to help those in need. Burger King is giving out two free kids’ meals to everyone who orders food through their app. U-Haul is providing one month of free storage for students displaced from their universities by the virus.

So, during these depressing times, don’t underestimate human ingenuity. Just keep your eyes open, and prepare to be amazed."

The coronavirus test that wasn’t: How federal health officials misled state scientists and derailed the best chance at containment

By Brett Murphy and Letitia Stein of USA TODAY. Excerpts:

"From its biggest cities to its smallest towns, America’s chance to contain the coronavirus crisis came and went in the seven weeks since U.S. health officials botched the testing rollout and then misled scientists in state laboratories about this critical early failure. Federal regulators failed to recognize the spiraling disaster and were slow to relax the rules that prevented labs and major hospitals from advancing a backup.

Scientists around the country found themselves shackled as the disease spread.

“We were watching a tsunami and standing there frozen,” said Dr. Debra Wadford, director of the public viral disease laboratory in California, where some of the country's earliest patients were identified.

The nation’s public health pillars — the Centers for Disease Control and Prevention and the Food and Drug Administration — shirked their responsibility to protect Americans in an emergency like this new coronavirus, USA TODAY found in interviews with dozens of scientists, public health experts and community leaders, as well as email communications between laboratories and hospitals across the country.

The result was a cascading series of failures now costing lives.

CDC leaders not only bungled their role in developing the first coronavirus test permitted in the country, they also misrepresented the efficacy of early solutions to state health authorities.
Then, public and private lab directors felt rebuffed by the FDA when they first offered to help troubleshoot the problem by developing their own tests. The agency, through its emergency authority, had placed restrictions on labs that can apply in emergencies but not in normal circumstances.

In a statement to USA Today, FDA spokeswoman Stephanie Caccomo said validating outside tests is essential in a crisis when "false results can lead to significant adverse public health consequences."

A reliable, accessible test was key to averting today’s disaster. Countries such as South Korea had already shown how such diagnostics — developed and scaled up with the help of the private sector at the onset — could be used to identify people with early infections before they spread the virus widely.

In late February, the CDC's deputy director of infectious disease projected calm in a conference call with state laboratories. The labs were told they could now send samples to the CDC and receive results within 24 hours.

“That was a bald-faced lie,” said Wadford. At that point, she was waiting four to five days on test results for samples she had sent to the CDC.

"The most disappointing part was that they couldn’t just be frank and straight with us,” said Wadford, who took detailed notes of the conference call that she dictated to USA TODAY. “Tell us the situation. Don’t sugarcoat it and lie. But to mislead us is just not right.”

The following week, President Trump tweeted: “The Coronavirus is very much under control in the USA. We are in contact with everyone and all relevant countries. CDC & World Health have been working hard and very smart. Stock Market starting to look very good to me!”"

"Caccomo denied that the FDA was overly restrictive at the onset of the outbreak and then slow to adapt to the "unprecedented public health emergency.”

“We recognized the urgent need for even faster testing availability, so we quickly adapted our policies to help expedite patient testing,” Caccomo said.

The agency worked with outside labs as early as Jan. 22, she said, before opening up the emergency authorization process at the end of February.

"As the emergency evolved," Caccomo added, "FDA determined that the benefits of increased testing capacity outweighed the risks associated with use of additional tests."

The time lost in February was critical to containing the outbreak and helping hospitals prepare, experts say. With each delay, the virus spread undetected as people likely unaware of an infection attended conferences and weddings, frequented bars and restaurants and took long-planned cruise vacations.

America is now paying the price. More than half of the country’s population has been ordered to stay home to slow the spread. Doctors are rationing supplies. Like New York City, communities have limited testing because the outbreak has grown so large that hospitals must instead target the most vulnerable.

From Texas to New York –– the epicenter of the U.S. outbreak –– medical facilities burned through protective supplies, including masks, almost immediately, in part because doctors did not have widespread access to tests a month ago, forcing them to take extensive precautions with all patients showing symptoms.

New York City health officials now recommend against testing patients who do not require hospitalization, even if they have symptoms such as fever, to preserve limited resources. In viral social media posts, doctors describe hospitals overrun with the sick and dying. Patients with symptoms wait in clinic lines for up to 11 hours to get tested. 

Dr. Alan Bigman, who runs a multi-speciality medical practice there, has agonized over an impossible position: pull patients away from jobs and out of the community without a diagnosis or risk running out of testing supplies for the next person who walks into the clinic.

“They have kids, and they have neighbors,” he said. “I need to know if they are positive or not.”

The crisis may soon be just as dire in rural communities. As of mid-March, Dr. April Abbott, the microbiology lab director at the largest hospital chain in southern Indiana, said she could not get equipment to run her own tests, in part because the federal government does not consider her area a priority like New York or California.

Hotspots could be hiding across the country. Smart thermometer company, Kinsa, recently noted an unusually high volume of fevers in east Texas and northern New Mexico, for instance, places where reported infections – and tests – remain low.

“We're not able to get testing supplies because we can't prove we need them,” Abbott said, “And we can't prove we need them because we can't perform the tests.”"

"Federal testing push falls behind

Since early January, a virus raging in China had the attention of public health experts. A coronavirus, it was the newest member of a large family of viruses whose evils include the common cold. The name refers to how it looks under a microscope, with crown-like spikes on its surface.

U.S. intelligence communities soon began warning of a global pandemic, which The Washington Post reported last week was downplayed by the Trump administration.

After the first American case turned up in Seattle in late January, an infectious disease expert there began asking state and federal officials to let her repurpose nasal swab flu tests for the new coronavirus. The answer, the New York Times reported: no.

Twenty-plus years of public health preparedness drills dictated what the government should have done next: mobilize state, hospital and commercial laboratories to develop testing to isolate the sick and buy time for hospitals to activate plans for handling a surge.

“When you see a disaster coming, you want to go big and go now,” said Dr. Tara O’Toole, who helped develop pandemic response plans in the Department of Homeland Security under former President Barack Obama.

But for weeks, the federal testing push fell further and further behind.

On Jan. 31, after Americans began returning stateside from the outbreak’s origin in Wuhan, China, Health and Human Services Secretary Alex Azar declared a public health emergency, but called the threat to this country “low.”

Shortly after, the FDA gave the CDC authority through an emergency use authorization to begin rolling out a diagnostic test kit for the state public health labs.

If any scientists at universities, the public labs or private facilities wanted to develop their own tests — which they sometimes call “home brew” — or adopt the World Health Organization’s, they would need to submit separate applications with 28 pages of guidelines.

Labs found the process more burdensome than any other regulation they deal with.

Under normal circumstances, scientists can run various tests without special FDA approval. But emergency orders shift the regulatory landscape, imposing restrictions. Experts say the agency moved far too slowly to lift them, given the magnitude of the building crisis.

Instead, the FDA stuck with one of the most restrictive approaches possible, according to Dr. Josh Sharfstein, a former deputy commissioner at FDA.

“The response has been backwards,” said Sharfstein, now vice dean for public health practice and community engagement at Johns Hopkins University, who advocates for more regulation during non-emergencies and less in urgent situations like this one.

The FDA, an arm of the Department of Health and Human Services, regulates according to laws passed by Congress and guidance laid out by the administration. Yet Trump has blamed the initial approach on the prior administration, which he said created barriers that made it difficult to rapidly ramp up testing."

"Dr. Margaret Hamburg, who served as commissioner of the FDA under former president Barack Obama and helped oversee the agency’s response to the H1N1 flu outbreak, said there was nothing stopping the administration from acting sooner."

"Flawed test, then flawed response

The federal emergency declaration allowed the CDC to begin distributing test kits to state health department labs across the nation in early February.

Right away, a problem surfaced. California received its kits on a Friday. Scientists worked through the weekend, discovering that some components of the CDC’s test were flawed and produced inconclusive results.
The issue centered on one of the three testing components, or reagents, used to detect the new virus, COVID-19.

On Sunday, Wadford, one of the directors of the California public health lab, frantically messaged colleagues at the Association of Public Health Laboratories. She wanted to know if other labs had encountered the same problem.

“We are hearing of it from at least one state lab,” an official from the laboratory association wrote back in an email. “Seems like it might be real.”

The CDC promised to quickly fix the test. But for two weeks, the agency offered temporary solutions — such as creating a new “surge” lab and offering to receive samples at CDC headquarters in Atlanta.

Those patches themselves were so flawed that results that took days were often inconclusive, too, according to Wadford. At one point, the surge lab also failed to immediately notify the state labs of positive cases by phone, as they had done earlier in crises.

The CDC has acknowledged problems with its testing development.

"This has not gone as smoothly as we would have liked," Dr. Nancy Messonnier, director of its National Center for Immunization and Respiratory Diseases, told reporters in late February.
Noting that the U.S. had few cases at the time, she added: "To date, our strategies have been largely successful."

The agency did not respond to a request for additional comment under deadline.

By the third week of February, still with no permanent solution in place, the FDA was well aware of the problem.

On Feb. 24 — the same day Trump tweeted “the Coronavirus is very much under control” — Scott Becker, executive director of the Association of Public Health Laboratories, sent a letter to the FDA begging the agency to scale back its original strategy and lift the home-brew restrictions preventing them from making their own tests.

Around the same time, more than 100 scientists in private labs and universities penned a similar letter to Congress.

“They are first responders with lab coats and they couldn’t actually gown up,” Becker said in an interview, calling the situation at that stage desperate.

On Feb. 29, the administration changed course and began rolling back the restrictions. The new strategy allowed both private and public labs to use a modified version of the CDC test and start developing their own.

In the coming days and weeks, the FDA continued to ease restrictions to make it easier for others to come online with tests, including commercial laboratories.

Experts criticize the agency, however, for moving slowly given the magnitude of the health epidemic unfolding.

“CDC tests were never supposed to meet the entire need for the U.S.,” said Dr. Tom Frieden, a former CDC director, noting that commercial labs and hospitals play critical roles in reaching the scale required in a major epidemic such as the new coronavirus.

During these lost weeks in February, federal officials missed their chance to contain the outbreak before it swept across the country, unseen.

As testing ramped up, states found themselves behind

At Texas Children’s Hospital, doctors lament the weeks that passed without an in-house test to show in hours, not days, what they were dealing with.

Dr. Jim Dunn, director of medical microbiology and virology at the hospital, had developed lab tests for the Zika virus for weeks before the FDA stepped in. He said the restrictions this time prevented Texas Children’s from getting out in front of COVID-19.  

“They pulled the plug before we even had a chance to get going,” said Dunn, noting that the hospital expended resources in the early days when doctors didn’t know who did and didn’t have the virus. “It could have affected how the masks were allocated.”"

Internal Emails Show How Chaos at the CDC Slowed the Early Response to Coronavirus

The CDC fumbled its communication with public health officials and underestimated the threat of the coronavirus even as it gained a foothold in the United States, according to hundreds of pages of documents ProPublica obtained.

By Caroline Chen, Marshall Allen and Lexi Churchill of ProPublica. Excerpt:
"On Feb. 13, the U.S. Centers for Disease Control and Prevention sent out an email with what the author described as an “URGENT” call for help.

The agency was struggling with one of its most important duties: keeping track of Americans suspected of having the novel coronavirus. It had “an ongoing issue” with organizing — and sometimes flat-out losing — forms sent by local agencies about people thought to be infected. The email listed job postings for people who could track or retrieve this paperwork.

“Help needed urgently,” the CDC wrote.
Obtained by ProPublica, highlighting added.
This email is among hundreds of pages of correspondence between federal and state public health officials obtained by ProPublica through a records request in Nevada.

During the period in which the correspondence was written, from January to early March, health officials were trying to stay ahead of the coronavirus outbreak underway in China. By mid-February, when the CDC job postings email went out, the virus had a toehold in the United States, where there were already 15 confirmed cases. In another two weeks, the first case of community transmission would be reported in California, followed shortly by cases in Washington.

The documents — mostly emails — provide a behind-the-scenes peek into the messy early stages of the U.S. response to the coronavirus, revealing an antiquated public health system trying to adapt on the fly. What comes through clearly is confusion, as the CDC underestimated the threat from the virus and stumbled in communicating to local public health officials what should be done.

The same week the CDC sent out the email about the job openings, the agency sent Nevada officials alerts about 80 potential coronavirus patients to monitor, documents show. Four were not Nevada residents.

A state epidemiologist, in each instance, corrected the agency, informing the CDC that the person was from New York, not Nevada. (The CDC then redirected each report to New York, the documents show.)

The confusion sometimes went both ways. On March 4, a program manager in the Nevada Health Department reached out to the CDC to ask about congressional funding for COVID-19, the disease caused by the novel coronavirus.

“There seems to be a communications blackout on this end,” the program manager wrote, wondering if funds would be distributed based on the number of cases in each state or by population.

“Unfortunately, there is no clear answer to your questions,” responded a CDC staffer, apologizing for the lack of information. “We are hearing all of the rumor mills as well.”

“Thank you,” the Nevada program manager replied. “It’s good to be confused together.”

Obtained by ProPublica, identifying information redacted.

Chaotic Coordination

For much of February, the CDC kept a tight grip on who should be tested for the coronavirus, a strategy that has been criticized by epidemiologists for limiting the ability to track the spread of the disease.

In a Feb. 19 presentation to state health officials, the CDC described the definition of a person who ought to be tested: You had to have had close contact with someone confirmed to have COVID-19, or to have traveled from China and then had respiratory symptoms and a fever at the same time.

However, the CDC’s own guidance from a month prior, distributed to the states on Jan. 17, had a footnote that said that “fever may not be present in some patients,” such as people who had taken fever-lowering medications, according to one of the documents obtained by ProPublica. That caveat was not on the slides presented to the states in mid-February.

In a statement to ProPublica, the CDC said clinicians could always use their judgment to decide who received a test. “CDC never declined a request for testing that came from a state or local health department,” the agency said.

In mid to late February, the CDC was trying to move responsibility for coronavirus testing from itself to state health departments — a critical step, since the CDC does not have the capacity to be the nation’s testing lab. Slides from the Feb. 19 presentation describe the process for transitioning from “Phase 1,” in which the CDC determined who was a potential COVID-19 patient and conducted all the testing, to “Phase 2,” in which local health departments would do that work and report data back to the CDC.

Because of delays with test kits, Phase 2 had to be “redesigned,” the presentation said, so the CDC would continue to test specimens and return results. The CDC told ProPublica that all states have now transitioned to the original Phase 2 plan, where they can run their own tests.

The CDC presentation also directed the states to use a web platform called DCIPHER, which the agency was already using for food-related outbreaks, to report potential COVID-19 patients and confirmed cases.

But it wasn’t until the week of Feb. 24 — the same week that the U.S. would discover its first case of community-acquired COVID-19 — that the CDC scheduled a training for states on how to use the platform, according to the documents.

On March 1, the CDC emailed Nevada’s Health Department, requesting that it send a list of users and email addresses to connect to the DCIPHER system, to “ensure that we can onboard your jurisdiction.”

“We sent a spread sheet a couple weeks ago which I thought covered this,” a state epidemiologist responded.

Four days later, Nevada announced its first confirmed case of the coronavirus. It’s unclear when the state managed to successfully get on the DCIPHER system. Officials from Nevada declined to comment.

“Maybe Just Kidding”

A key part of the CDC’s strategy during the early days of the outbreak was identifying infected travelers returning from China. The process for screening passengers arriving at Los Angeles International Airport did not go smoothly, the correspondence obtained by ProPublica indicates.

On Feb. 16, a CDC staff member sent a message to colleagues about a buggy electronic traveler screening questionnaire that wouldn’t save correctly, among other issues. Also, the tool’s drop down field auto-populated with “United Kingdom” instead of “United States,” forcing users to type “United States of America.”

The CDC staffer also said the agency was struggling to interview non-English speakers in a timely manner and needed additional interpreters.

“Hello Team,” another CDC staff member responded, offering a solution: “The Google translate App has a real-time voice translation option.”

The screening protocol also wasn’t always clear. On Feb. 29, a CDC officer at LAX sent an email to her colleagues, saying: “In case this comes up again, we are not screening private flights. These would be flights that land at LAX but don’t arrive into the regular terminal … mainly for rich people.”

Just over two hours later, the officer emailed again. “And, maybe just kidding,” she wrote. Information from headquarters seemed to contradict what she had said about private flights, she said.

The CDC told ProPublica that it scaled up the screening almost overnight, so it focused on vetting the largest segment possible of high-risk passengers coming from places like Wuhan, China. The agency trained staff and dealt as best it could with limited staffing and translation services, it said."

Thursday, March 26, 2020

Home News Politics Economists: Federal crackdown on price gouging may do more harm than good

By Jeff Mordock of The Washington Times.
"More than 6,000 complaints of coronavirus-related price gouging have flooded into state attorneys-general offices across the country, according to The Washington Times’ analysis of publicly available data.

All told, 6,247 complaints were filed last week against retailers who reportedly raised prices for such essential items as hand sanitizers, face masks, toilet paper, and disinfectant wipes, according to the Times’ analysis.

Pennsylvania topped the nation with 1,600 complaints. Michigan was second with 800, followed by New Jersey with 600 complaints.

The total number of complaints nationwide is likely much higher because several large states, including California and Massachusetts, did not release their numbers.

Government officials have been sternly warning retailers not to raise prices during the pandemic and aggressively fining those who do.

Increasing prices during an emergency may seem like cruel profiteering, but free-market economists say the crackdown could do more harm than good.

As they see it, essential items fly off the shelves faster when government-mandated price controls keep prices artificially low. By letting the market dictate the cost, some consumers buck the price tag leaving more supply available. Thus higher prices prevent panic buying, according to economists.
“The choice is between low prices with no availability and nothing to buy, or high prices where the supply is going to be available,” said Mark J. Perry, a scholar at the American Enterprise Institute and professor at the University of Michigan’s Flint campus.

Most states have price-gouging laws on their books, although the threshold to declare increases as “gouging” varies. Some states bar retailers from inflating prices by 10% during an emergency.

Free-market economists argue that market forces should be allowed to decide the cost of products. In their view, so-called price gouging encourages suppliers to rush into the market with much-needed supplies thus lowering prices anyway.

As law enforcement ramps up its efforts to combat price-gouging, retailers are beginning to push back. They say the cost of fines and battling lawsuits could cause more harm to their business than the coronavirus pandemic.

A liquor store in Fresno, California, was fined $10,000 for jacking up the price of bottled water. The store was selling a 24-pack of bottled water for $16, according to the City Attorney’s Office. Typically, a pack of water retails between $4 and $5.

Officials in Jersey City, New Jersey issued 9 fines totaling $90,000 to one discount store they say inflated the price of rubbing alcohol and disinfectant wipes.

New York City has issued more than $275,000 in fines for alleged price gouging.

“Those stores operate on very thin profit margins and fines of $50,000 or $60,000 could bankrupt smaller retailers,” Mr. Perry said, adding that larger retail stores like Target or Walmart don’t usually raise prices because they fear damage to the company’s reputation.

Mr. Perry said the finger should be pointed at greedy consumers rather than store owners.
“Consumers who had no thought about their fellow Americans bought up al the toilet paper they didn’t really need,” he said. “Price gouging laws won’t do anything to address the panic buying because if prices stay low, then the toilet paper is going to get bought up by the people who get there first.”

The solution, he says, is for stores to restrict the number of items a customer can buy. By limiting customers to two bottles of hand sanitizer or one pack of toilet paper retailers can combat panic buying.

“Quotas are the way to correct the problem rather than sending law enforcement or attorneys general out to fine companies,” he said."