If you want to understand why healthcare is so expensive, I'd start with a Supreme Court case about teeth whitening.
Around 2003, spas and small kiosks in North Carolina were offering teeth whitening for a fraction of what dentists charge.
So dentists complained to the state dental board. That dental board looks like this:
- 6 of 8 are practicing dentists, elected by other dentists
- 8 of the 10 who sat on the board during this period earned substantial fees from whitening
The board sent 47+ cease-and-desist letters, warning non-dentists that they're committing a crime by practicing dentistry without a license. The board also sent letters to mall operators, advising them to expel whitening kiosks.
All this worked! These kiosks shut down, prices stayed high, dentists stayed happy.
Regulatory capture like this exists all over in healthcare. What makes this case notable is that someone actually sued the NC dental board, in a case that went all the way to the supreme court.
In a 6-3 ruling, the SC ruled that if a board is run by those who participate in the market without proper supervision - that looks like a cartel, therefore, antitrust law applies.
I have to believe there are so many other potential cases like this in healthcare, just waiting to be pressed on. I'd love to see more of this.