Judge Kent transferred to Houston

sam%20kent%20102707.jpgIn the ongoing saga of Galveston-based U.S. District Judge Sam Kent (previous posts here), the Executive Session of Judges of the Southern District of Texas issued a couple of administrative orders (here and here) transferring the duty station of Judge Kent from Galveston to Houston and delegating the handling of the Galveston docket to other U.S. District Judges of the Southern District. A related Chronicle article is here.
The order transferring Judge Kent’s duty station to Houston does not say when, if ever, Kent would be reassigned to Galveston. David Bradley, chief deputy clerk for the Southern District, told the Chronicle that Judge Kent will remain in Houston until a new order is issued to return him to Galveston. One of the above orders does put Judge Kent back into the case assignment rotation as he will receive 20% of the civil cases filed in the Houston Division. However, Judge Kent will not be assigned any criminal cases through Dec. 31, probably because he remains on leave until January, 8, 2008.

My concierge health care experience

mdvip_logo.gifBill Lent is one of Houston’s finest internists. How do I know this? Well, because I know who trained him (my late father) and he has been my personal physician for the past 15 years or so. Having been blessed with good health, the only medical service that I buy from Dr. Lent in most years is my annual physical, which I generally schedule for about this time each year. I always enjoy catching up with Dr. Lent, who provides me with “on the front line” information regarding the horrific cost of health care regulations, which are literally strangling the market for primary care physicians in the U.S.
It’s been particularly interesting watching the evolution over the years of Dr. Lent’s internal medicine practice, from one in which Dr. Lent provided an unusually high level of personal care to his patients (something my father emphasized in his teaching) to a high volume, impersonal practice that virtually all primary care practices have been required to adopt to remain even marginally profitable under the present U.S. health care finance system. Over the past ten years or so, Dr. Lent has continually confided to me during our annual visits that he was uncomfortable with the direction of his practice.
So, I was pleased to learn when I scheduled my physical a couple of weeks ago that Dr. Lent is doing something about it. Starting next month, Dr. Lent is commencing a concierge health care practice, administered by MDVIP out of Boca Raton, in which he is limiting his practice to about 600 patients who will pay Dr. Lent $1,500 annually for the benefit of receiving his personalized style of service. Coincidentally, this Wall Street Journal ($) article earlier this week described the proliferation of pre-paid health care plans, which is sort of a lower-priced form of what Dr. Lent is doing. The WSJ article essentially describes how many primary care physicians are simply dropping out of insurance plans — both public and private — in favor of prepaid plans that offer unlimited access to basic health care for set monthly fees.
Inasmuch as the employer-based health insurance system typically offers low-copays and deductibles for the vast majority of health care services, a substantial amount of the American health care finance system is basically prepaid health care already. In order to maintain profitability in a highly-regulated market, insurance companies compensate for these low usage fees by charging higher monthly premiums, lowballing doctors’ fees, and challenging claims continually. The result has been the evolution of a primary care system that is incredibly bureaucratic (have you ever tried to figure out how your insurance pays claims?) and literally breaking down.
The MDVIP model treats primary care service similar to a health club membership. The model focuses on the delivery of relatively inexpensive, protocol-driven care than can be offered at a relatively low cost while still providing patients more overall access. MDVIP’s model is relatively expensive, so low-income patients will have a difficult time affording the fee. However, providing a tax deduction for individual health insurance would make such pre-paid plans more affordable for low-income patients, while providing Medicaid patients with vouchers for prepaid health care would have a similar impact.
Who will be threatened from the proliferation of these plans under the current health care finance system? Well, it’s a bit early to speculate, but my sense is that insurance companies with big stakes in employer-based health insurance will not enjoy the competition from MDVIP-type practices. Similarly, speciality providers who depend on state regulatory mandates in comprehensive insurance plans to subsidize their practices will also feel the competitive pressure if these types of plans catch on in a big way.
So, I’m going to enjoy learning about how Dr. Lent’s practice changes over the next year under the MDVIP structure. If it is successful, as I suspect it will be, it makes you wonder — if such entrepreneurial spirit can be generated even in the current highly-regulated health care finance system, then imagine what could happen if we unleashed the power of the marketplace to reform the delivery of health care and the health care finance system?

Free the Koz

Kozlowski%20and%20Swartz102607.jpgDan Ackman provides this cogent WSJ ($) op-ed that calls for the reversal of the convictions of former Tyco International executives Dennis Kozlowski and Mark Swartz:

Kozlowski wasn’t convicted for overspending, nor for defrauding investors — the most common charges leveled against corrupt CEOs. He was convicted instead of grand larceny, that is, of stealing his bonuses, which were certainly oversized. But even if you believe the worst about Kozlowski and his co-defendant former Tyco CFO Mark Swartz, they were paid according to a contract, and that is not stealing. [. . .]
. . . There is no question that Kozlowski was paid according to the incentive compensation plans that were duly approved by the Tyco board in 1994 and again in 1997. The plans rewarded the CEO and CFO with bonuses based on improvements in company earnings, cash flow and earnings per share. Excessive? That’s an understatement. But though the record-keeping was careless, nothing was secret: The contract and the payments were all on the books.

In short, Kozlowski and Swartz were convicted of being greedy, which, the last time I looked, is still not a crime. As Larry Ribstein notes:

Kozlowski and Swartz are headed to Rikerís Island, where theyíll mingle with people who did stuff that seems more obviously bad. And they may get 30-year sentences. I wonder what they would have gotten for a first offense selling heroin to schoolkids. . .
[T]he shareholder suits are still pending. These suits arenít ideal (lots of money to lawyers) but they can sweep in all the people involved, including the directors who approved the wrongful payments. Unless, of course, the shareholders contracted to indemnify them against liability, in which case weíre back to wondering whether this is wrong.

What was done to Kozlowski and Swartz is quite similar to the equally vacuous prosecution of Conrad Black. But this was even worse.

Comfort Inn’s nightmare

comfort_inn_logo.jpgKey tip to Comfort Inn: don’t ever — ever — take Megan McArdle’s room reservation and then don’t provide her with a room.

Goin’ Tex-Mex

texmex_neon1.jpgThis NY Times article does a nice job of explaining the special place of Tex-Mex food within Texan culture. But I have one question. How does one write an article about Tex-Mex in Houston and not mention Ninfa’s on Navigation? Alison Cook comments along the same lines.

The big-time college football arms race

Okie%20STate%20stadium.jpgInasmuch as the NCAA prohibits direct monetary compensation of the professional athletes who provide entertainment for us by engaging in big-time college football, one of the ways in which universities provide indirect compensation for the athletes is by building luxurious “spa facilities” for the athletes to enjoy while providing their services for the benefit of the universities. This means of indirect compensation has resulted in an “arm’s race” of such spa facilities between various big-time college football programs. The latest institution to jump into the arm’s race is Oklahoma State University, which is riding the crest of the Boone Pickens’ $250 million contribution to the institution’s athletic programs. Check out this video depicting the new facilities that will result from Pickens’ contribution.
And this isn’t professional football?

A good scorching?

Torrey%20Pines%2018.jpgThe United States Golf Association has been widely criticized often over the last several years for the absurdity of its setups for the U.S. Open. And we in Houston certainly know that golf course designer Rees Jones has endured more than a little criticism over his work. So, a few eyebrows were raised when GolfWeek‘s Rex Hoggard passed along the following tidbit about the Rees Jones-renovated Torrey Pines South Course — which is the site of next year’s U.S. Open — from the practice tee of this week’s PGA Tour event in Port St. Lucie, Florida:

Big talk on the practice range here at the Tesoro Club, site of this weekís PGA Tour stop, is on the wild fires that were raging in southern California.
One update late in the afternoon suggested Torrey Pines, site of the annual Buick Invitational and next yearís U.S. Open, is in danger of being scorched.
ìGood,î snorted one player, among the many who donít like the changes to the venerable South Course. ìThey need to start over anyway.î
Ouch.

Coach Leach channels Judge Ito

Mike%20Leach.jpgSticking with the sports theme of today’s posts, Missouri’s surprisingly decisive victory over the Texas Tech Red Raiders last Saturday apparently prompted Tech head coach Mike Leach to channel the judge in OJ Simpson’s murder trial to explain the Raiders’ pratfall:

“What happens with players, [it’s] just like Judge Lance Ito gets in the middle of a big trial and decides it’s more important for him to be a movie star than it is to be a judge,” said Leach, referring to the 1995 O.J. Simpson trial. “He had problems doing his [job] from one snap to the next.
“So if it can happen to good old Judge Ito, I’m sure it can happen to 18-22-year-olds.”

It can happen to football coaches, too.
Leach has developed an idiosyncratic and generally effective offense at Tech, but he has largely ignored the development of a strong enough defensive component to make Tech a truly balanced, conference championship-caliber program. Earlier this season, immediately after Mike Gundy went batshit, Leach unceremoniously fired Tech’s defensive coordinator, who happened to be Tech’s most experienced and admired assistant coach. Leach elevated a position coach to defensive coordinator and Tech’s defensive limitations were disguised during its next three games, which were wins over teams with easily-defended offenses (Northwestern State, Iowa State and Texas A&M). However, when exposed to Missouri’s salty offense this past Saturday, the Red Raiders’ defense wilted, just as it did earlier in the season during the Oklahoma State game. The Red Raiders have suffered from a similar syndrome during each of Leach’s eight years at Tech.
Thus, Leach’s teams run up big scores and statistics against teams of inferior ability, but struggle against well-balanced teams of equal or better ability. Tech under Leach has never played in a Big 12 championship game. His treatment of assistant coaches is unlikely to result in the development of a strong coaching staff. Despite his relentless self-promotion, Leach’s Tech program appears to elevate form over substance and may well have peaked. If it has, the descent is not likely to be pleasant.
Update: Coach Leach has a selective memory, too.

Sizing up the 2007-08 Rockets

Houston_Rockets_logo.pngThe beginning of the National Basketball Association‘s regular season is about a week away yawn, so Dave Berri provides this excellent statistically-based evaluation of the 2007-08 Houston Rockets. Despite the local mainstream media hype, Berri’s evaluation of this edition of the Rockets is the same as mine — probably quite good and better than last season’s good team, but likely still not good enough to beat any of the the top three teams in the Western Conference, Dallas, San Antonio and Phoenix.
For the record, it’s been over a decade since the Rockets won a playoff series.

A special moment at the sports book

sports%20book.jpgAnyone who has placed a bet or two at one of the sports books in various Las Vegas casinos can relate to the hysteria that was generated by the end of last Saturday’s Florida-Kentucky game:

A new, but obscure college football rule caused some confusion and uproar in Las Vegas on Saturday after Florida defeated Kentucky, 45-37, barely covering the seven-point spread.
Kentucky scored a touchdown on the game’s final play, yet rather than attempt an extra point, the Wildcats, following an NCAA rule put in play last season, walked off the field while the Gators celebrated.
The rule states that “if a touchdown is scored during a down in which time in the fourth period expires, the try shall not be attempted unless the point(s) would affect the outcome of the game.”
Las Vegas Hilton sports book director Jay Kornegay said Kentucky backers thought they were going to get a push, and Florida supporters started to deflate.
“That all quickly changed when the crowd began to realize the rule,” Kornegay told the Associated Press.
“The reversal of fortune happened within just a few seconds. It was priceless.”
Kornegay said the game was probably one of the more heavily bet games of the day and most football fans don’t know the rule.
At the MGM Mirage, people went “nuts,” sports book manager Jeff Stonebeck said.