This is the Kator Daily Podcast for Monday, August 9th, 2021. I'm Caleb Brown.

Certificate of Need Laws harm consumers and for people who have special needs when it comes to child care, the stakes are pretty high.

Anastasia Baudin is an attorney at the Pacific Legal Foundation, we talked about the galling claims made by the state of Louisiana in preventing one woman from providing child care

for families of special needs kids.

The Certificate of Need Laws, I've said this many, many times, careful listeners of this podcast will feel bored by my repetition of this claim which is

when you explain it to somebody they say no that's not how it works is just like civil forfeiture or qualified immunity or any

number of other regimes within government but once you do explain it, where it is practically, and for all intents

and purposes allows existing businesses to get together and say, no, you don't get to open your business repercussions in various sectors of the economy.

Most notably within the context of the COVID-19 pandemic. A lot of states relaxed their

regulations. We're still I'm still waiting to see whether a lot of those

regulations are going to come back. But what has happened in Louisiana?

Yeah, Louisiana has its own version of back, but what has happened in Louisiana?

Yeah, Louisiana has its own version of a certificate of need, it's called Facility Need Review.

And so, as you said, this is a really special type of occupational license.

It's not your average license that relates in any way or

even purports to relate in any way to health or safety. It simply makes entrepreneurs

prove that their business is quote needed that is they have to prove to a

bureaucrat to satisfaction of a bureaucrat that another business is needed well what

does that mean and what we found is that it's actually pretty arbitrary.

It's just a couple people deciding on a whim whether they think a new business is necessary

and not at all allowing consumers to choose. And's really really terrible as you said because our client

Louisiana wants to provide care services to special needs families and I mean you can just

...