Private Equity Is Now Dominating the US Hospice System
jacobin.com
jacobin.com
Also, illness in the US is still the number 1 cause of bankruptcy. Only America thinks so little of people that they threaten the dying with destitution and homelessness.
Americans are, for the most part, a kindly and trusting people, happy to help out complete strangers.
America is a shit show run by sociopaths.
It is important to disambiguate these two things.
That makes it all the easier for rich vultures to pit Americans against one another - to the tune of it being the subject of a very valid joke:
> A banker, a worker, and an immigrant are sitting at a table with 20 cookies. The banker takes 19 cookies and warns the worker: "Watch out, the immigrant is going to take your cookie away."
As a European, I can assure you we share these traits. Try asking one how they feel about local Romani, African or Syrian refugees, foreign beggars, etc.
https://www.weforum.org/reports/global-social-mobility-index...
https://en.wikipedia.org/wiki/Socioeconomic_mobility_in_the_...
source: Pew research reports and other
https://en.wikipedia.org/wiki/Social_mobility https://en.wikipedia.org/wiki/Social_safety_net
At least it is better than Europe which spent the first few decades of the 1900s exterminating them by the millions.
Even now, Europe won’t allow foreigners to assimilate. Name any major EU company led by a non-white person. Even today at football games all over Europe, non-white players are openly subjected to horrific racial abuse by the crowds.
Europe is still horribly racist towards any outsiders. Yet, living in their ethnically homogeneous countries they cast stones at the USA which has actually assimilated and welcomed people from all over the world.
Wut? Europe is anything but ethnically homogenous.
The US is anything but welcoming now. It might have been in the past.
You are right. I forgot how diverse countries like Belgium are where Flemish, French, and German communities (whose ancestors all likely were born within a few hundred miles of each other) all live together in peace and harmony (other than when they try to form a government)
We mildly dislike all the other nationalities (except the French, everyone hates the French), but we have a few thousand years of history fighting each other and it just doesn’t seem worth the effort any more.
All of that falls to nothing compared to the dislike some people have for the European version of the Mexicans stealing our jobs (hence, far right populism in Europe rising sharply right now)
Never mind that none of the ethic Europeans wants to do those jobs in the first place. I’m sure we’ll figure it out in 100 years or so. When everyone will be some variety of brown/yellow/pink.
Shell (nominally UK but founded and well known as Royal Dutch Shell) is the largest EU(ish) company, headed by Lebanese-Canadian Wael Sawan.
Exor (Italy/Netherlands) is #10, headed by Indian Ajaypal Singh Banga.
Please, check your facts before making prejudicial claims again. And don't try "No True Scotsman" because it would just be too funny in this context.
* Rishi Sunak is literally our Prime Minister.
* Sadiq Khan is the Mayor of London.
* Wael Sawan, the CEO of Shell, the biggest UK company, is Lebanese.
* C. S. Venkatakrishnan is the CEO of Barclays, HQ'd in London and one of the worlds biggest banks.
* Johnny Boufarhat is the founder of Hopin, an online meetings platform that exploded during COVID. While it's in some trouble now and I'm not a fan, Johnny's parents are Lebanese and Syrian, although he's from Australia.
Seriously dude, this stuff isn't hard to find. What kind of warped vision do you have of Europe here?
As a brown guy, I have definetly faced much more microaggressions and "do you belong here" type conversations in the UK than I ever have growing up and working in the US.
Your comment is the equivalent of saying "Obama was president, blacks don't face racism anymore".
> Name any major EU company led by a non-white person
(although the UK is no longer in the EU)
I meant nothing else other than answering that line.
If anything, take it up with parent comment, someone who believes non-white people are incapable of running large companies in Europe.
Also, while a large part of the religious donations go to the operation of the church, churches do a lot of other charitable activities such as food pantries, shelters, disaster relief, education, etc.
Having lived in both places, charity is simply much more of a part of the culture in the U.S. I think the general feeling in Germany was that taking care of people in trouble was the job of the government and that they paid their taxes and that doing more was not necessary.
Social problems often make more sense to attack at a governmental level.
When you have a patchwork of different charitable initiatives, often regionally bounded, they can easily fall victim to tunnel vision. You end up with solutions like "we solved the poor care metrics in Facility A by shipping the worst cases to Facility B" and then nobody's checking if Facility B is actually worse.
Individual charity also tends to have the problem of awkward consumer choices. well-marketed and mediagenic causes out-raise less appetizing ones that might produce more impact for the same investment. Getting this information into the hands of a few professional analysts and budgeters may be easier than trying to run a broad PR campaign.
Europeans freak out at levels of immigration that are normal in the US.
We like to say shit on social media and occasionally throw a tiny minority of our money and none of our time at the most visible problems resulting in parasites specializing in appearing to do useful things while mostly paying people with degrees to think about helping people.
This is why we have people dying for lack of medicine, starving kids, and stories of that random teacher whose humiliation made the rounds on social media who people raised 80k for that one time in place of systemic solutions.
America is run by the kind of folks the disreputable folks discussed above would vote for.
Your greatest hint into the fact that end of life care genuinely costs a lot is that LTC insurers keep going bankrupt. Insurance companies don't like going bankrupt.
And supply would fall because no one is doing this sort of work out of the goodness of their own hearts, unless they are religious. And there are quite a few religious facilities out there but the numbers are dwindling.
There is nothing illegal about starting a co-op, but in practice they are quite difficult because of the capital needed up front to start a business. That is to say, it's much easier to ask a VC for $5 million in series A funding than it is for the 10 devs running the thing to put up $500,000 each of their own money.
If they are making fabulous profits, I'm not seeing it in the stock performance.
Just doing the math of staff to patients, takin in account that you need full time support. It starts to add up.
They charge a high price because what is the state going to do, NOT put people in an old age home when they have no where else to go? It's a completely captured market, because the government isn't allowed to run it's own system, because that would be "socialism" and "death panels".
I guess it might be possible you moved to where one of your children lived, if you even knew where they ended up.
The distinction between a for-profit business and a nonprofit is relevant here.
> In many instances I feel nonprofits end up acting like cat's paws for their donors. May not apply to hospice care.
There are ways I could see a hospice service getting fucked up in that way, by influence wielded by its donors (if a large amount of donations came from a single religious sect that wanted to impose its ways on end of life care, or something) but the difference is that I'd view a large for-profit corporation fucking it up as inevitable. The use of a benefit corporation might help with that, possibly, with the right leadership.
I had a friend whose incredibly senile grandmother got taken for a few hundred grand by scammers. Neighbors talked her into selling her cars to them for a dollar. Some of her children talked her into changing her will to remove other siblings for whatever inheritance was left. Those children were already wealthy and didn't need the money, relative to the siblings which got cut out.
It's bigger than just private companies. They just want to beat everyone else to the punch. The elderly are a target for all manner of predators. I said it once, but it bears repeating: It's disgusting.
I don't know what the cure all preventative fix is. Maybe securing power of attorney earlier?
Our father wisely set up trusts decades ago, which did help us protect our mom later on. And after seeing other families tear themselves apart over inheritances, I am deeply grateful my siblings and our kids won't go thru that. (Fingers crossed.)
You can do that with a doctor asserting him as incompetent. You'll need a lawyer.
You are right "It's bigger than just private companies."
It has to do with the society.
There is some respect for elderly still surviving in Hellas, but it is dwindling.
This would require an estate lawyer. The person needs to be of sound mind to change the will, and if the estate lawyer changed the will of an obviously impaired person, that should be actionable in court.
One banker questioned the validity of my power of attorney when taking over my dad's accounts. (I was glad he questioned it.) I said the nursing home was about 1/4 mile away, and he was welcome to go and verify for himself his mental competence. Frankly, I had waited far too long to do this. In denial, I suppose.
Just kidding. Although, maybe not totally. You wonder, when someone gets to some certain old age and is totally out of it, yet has tons of wealth tied up and doing no one any good, what is that money for except to be given to the next generation? I guess, some of it unwitting, hopefully more of it in a deliberate fashion to those it was intended for....
If granny can't even tell that $300k of her savings is gone, what's the problem then? Aside from her kids no longer being able to be the recipients of it.
God, I hope that I am able to realize that I'm reaching such a state and actively choose to give away my control of my assets to someone trustworthy, before I get scammed.
Why aren't these young, hungry people building something of value instead of stealing from abroad?
Don't confuse money with wealth. Money has no intrinsic value, so "unleashing" that money would only devalue other money, and not bring any kind of holistic benefit to the global population.
In other words, if you add a zero to the end of every bill and bank account, there's 10x as much money, but nobody is any better off.
Hospital marked her as NPO (no food, trouble swallowing), discharged her without resolving that back to skilled nursing (still NPO), and she went more than 10 days without any food or drink aside from saline IV, just waiting. It took a family member visiting and researching what NPO was on the chart, the gaunt look, and threatening a lawsuit before they finally took action and gave her a feeding tube (back to the hospital) before the talk "its not about the Quantity, but the Quality of Life"...
She didn't survive long after and passed within a month. Likely because of the sharp spike of no food, followed by food in her weakened condition.
During one of my visits for another family member (different facility) I overheard one of the staff on a smoke break outside insensitively joking with co-workers that the standard care is "skill em till they kill em".
I asked a friend who happened to have worked in medical/hospice, and they said its not uncommon to hear that among staff but they shouldn't have been saying that openly with patients or relatives nearby.
Absolutely horrific, there are no words that do justice or communicate the horror that awaits older people in these places.
Love your children and they will one day take care of you.
Everybody, one day, will be part of it.
But during my mother's in home hospice care, the nurses were extremely kind, even still coming when my father had covid, just wearing gloves and masks. The nurses were such an incredible help, and while I'm sure it cost a significant amount of money, the care we received was top notch and was worth every cent.
And then there was a recent Nevada case of a judge in cahoots with some lawyers, together bilking 100s of families.
So given the lack of oversight these days, I assume that kind of scam is widespread.
There are so many scammers! So many companies looking to milk the elderly for all they can. It's beyond disgusting, and it happens DAILY.
Simple things... man I don't even know, teach your elderly parents not to trust anyone. Only going to get harder with AI here.
From an old comment. https://hn.algolia.com/?dateRange=all&page=0&prefix=false&qu...
> I hate all the different ways companies target people.
> I recently booked flight on American Airlines for my 80+ year-old father. I requested the golf cart to take him between gates.
> Immediately I got a call from "American Airlines Health Alert."
> They made it sound like there was an issue with the booking... "An important health alert related to your flight." And there was a "Press 1, if you're over 50" option.
> Anyway long story short it was some shady marketing company selling me a panic button in case of falls.
> The lady was like"these are very expensive devices"... "we'll give you the device... but you pay a small fee for monitoring every month."
> Clearly she'd given the pitch 1,000 times. Didn't give me any time to talk. Finally, I was like, "Hey is there a problem with my Dad's flight, or are you just trying to sell me something?" And she hung up on me.
> Fuck American Airlines. Fuck all the airlines really, but it should be illegal to target the elderly just because they asked for help with connection flights.
The evil part is there’s a cap on patients aggregate benefits and those often get used up before they are end of life. Then, when they are end of life and appropriate for benefits they don’t have any left.
I told her she should go work for the Medicare fraud division.
https://www.latimes.com/world-nation/story/2023-05-23/jimmy-...
Often, but not always, patients are able to converse with loved ones, etc. While the ever increasing amounts of morphine are common, part of the reason is that actual tolerance for morphine with the pain of some end of life situations is much higher than you would suspect. Given that there is no risk of addiction (like there would be after a broken bone heals), the amounts are much higher than in other cases. However, to address your concern, the patient isn't normally high 24/7 waiting to die. They are not in pain and living out their last time on earth.
Hospice care can last months or years, and takes many different forms. Some people want to die without drugs and that is an option. Hospice care frequently involves spiritual, and mental care as well.
In short, no it isn't euthanasia. Hospice care does not involve actively shortening your life, rather it is just transitioning away from treatments that lengthen your life.
My heart breaks for anyone that has to watch their loved one wither away. Even more so for those without loved ones to care for them til the end.
There is a big difference between not taking treatment to extend your life, and seeking treatment to actively end your life. That’s the difference between most hospice care and assisted-suicide/euthanasia.
Hospice doesn’t even necessarily mean ending all life extending treatment. It’s a realignment in process where the quality of the patient's existence is the top priority. Patients can elect to continue some or all of their treatments.
If you stay full code when you do go you’ve been intubated so long they put in a tracheostomy; you’ve been unable to feed yourself so they put a gastrostomy tube in; you can’t filter your own waste and also can’t maintain blood pressure for normal dialysis so you’re on continuous renal replacement therapy; and because you can’t maintain blood pressure you are on increasingly large vasopressors which cause progressive ischemia of your limbs, bowel, and what’s left of your kidneys.
After all this your heart goes into various tachyarrhythmias requiring multiple episodes of CPR during which your sternum is fractured and multiple bilateral ribs are fractured. You suffer from esophageal rupture and bilateral pneumothoraces requiring bilateral chest tubes. Air constantly leaks into your soft tissues and you literally crackle like wet rice krispy cereal when you are touched.
That’s OK though you’re still not dead. You have time to develop multiple areas of skin ulcerations in your dependent/weight bearing areas even though you’re repositioned constantly by your nursing staff. These wounds progress and quickly extend through your atrophied gluteal and paraspinal musculature and reach your pelvic bones. You become infected by MRSA and have osteomyelitis and sepsis. Your blood pressure is still difficult to maintain and you require constant maintenance fluid and fluid boluses. Your nutrition is poor and albumin very low despite supplementation and trickle feeds so you develop anasarca, pleural effusions, and ascites. So now you appear grotesque - puffy from edema, skin crackling from subcutaneous emphysema, purple and contused from CPR, fingers and toes black and curled from pressor induced ischemia. There are tubes everywhere coming out and going into you. They’re in your throat, belly, and chest walls, central lines are in your neck for pressors and CRRT. Various machines surround you with alerts sounding almost constantly.
After all this your stress dose steroids have suppressed your immune system and you experience a reactivation of varicella and get Herpes Zoster across multiple dermatomes. Your skin is blistered and red in multiple areas and you are put in isolation to prevent spread of varicella pneumonia.
Finally after many weeks of decline and isolation your pupils are non-reactive and you lose brainstem reflexes. A CT shows diffuse hypoxic encephalopathy with herniation and brain stem compression. Because you’re full code and your “loving” family won’t accept death (over the phone now, it’s been a long time and you’re non- responsive and in isolation anyhow) a nuclear medicine cerebral perfusion study is done and it shows no blood flow to the brain. Now you can finally be declared dead.
Your family has already mourned your passing and had been going through the motions. You’ve been sedated and in isolation for weeks now and never got to say goodbye.
Your spouse is left with an enormous medical bill but there’s no money anyways so it goes unpaid.
The end.
https://www.seniorliving.org/nursing-homes/costs/
I'll save you the click. It's $100,000 / year. ($350,000 if you're unfortunately to be in Alaska)
- US: ~$70,000 (source: https://www.census.gov/library/publications/2022/demo/p60-27...)
- UK: ~32,000 (source: https://www.ons.gov.uk/peoplepopulationandcommunity/personal...)
Public hospice agencies would come with their own set of constraints that enable different kinds of bad behavior; I don't exactly trust Jacobin to dispassionately judge whether those are better than a well-regulated private industry could be.
1) Normal business: how can we innovate such that we maximise profit off the back of a decent product.
2) Private equity: how can buy this company with as much debt in its own name while extracting as much resource as we can via dividends.
What you’re talking about is LBOs (leveraged buyouts) which are a certain kind of private equity investment.
Private equity firms still try to please their shareholders, they’re just not beholden to a public stock price.
You’re correct about the definition.
And, no, lbos are the buyer borrowing a lot to buy another company, while using the assets of the acquisition as collateral. The debt is still in the buyer’s name AFAIK (may be wrong)
How does it solve that problem?
On average, an investment from purchase to exit may take ~5 years.
Whereas a public company with large institutional owners will have to respond to market feedback in real-time, i.e they are more likely to follow the herd if institutions (pension funds) demand a shift in industry trends (ie ESG). Whereas, private equity have no such concerns.
I won’t comment on regulation being a solution to anything market related.
I think I understand how hostile takeovers work for public companies (thanks to Elon's helpful demonstration of the concept) : Basically, a buyer can "acquire" the company against the wishes of the company's management because the company doesn't "own" itself in the first place. The real "owners" are the shareholders and so the two parties of the transaction are really the buyer and the shareholders, not the company that is being bought. Consequently, the buying price goes to the shareholders, not the company.
However, here we're talking about acquisition of private companies - so there are no shareholders. Then who exactly is the "seller" party in the transaction?
It could be that the hospice was owned by itself and the board members just got greedy. However, tge article implies that the bulk of hospices before consolidation were small, local businesses. I have a hard time believing that the owners of all those shops suddenly decided to throw the wellbeing of their employees and patrons in the wind for some personal riches.
On the other hand, if the hospices were not owned by themselves then there already must have been some sort of corporate structure before that the PEFs latched on to. But then, what was that.
In short, the "leveraged buyout" is an acquisition where it seems completely clear even beforehand that the acquired company will be strictly worse off afterwards. So why would a private company agree to that or, if not, who can make them agree? And who is the buy price paid to anyway?
I once worked at a startup that suffered a similar fate. They had taken on some debt - a small amount really - during desperate times. Later, before the debt was paid off, they ran out of operating funds. Boom. Game over. The company shut down, most employees were immediately let go except for a few charged with liquidating the assets and wrapping up all the IP which went into storage somewhere never to be used again.
It sucked. That creditor probably made a tiny bit more than they had loaned originally, while everyone else lost. And the only way their own business model worked was to do the same thing over and over and over again, destroying enough aggregate value that even the residue they skimmed off the top could pay for their yachts or third vacation homes.
Also, the probability that a lender gets out of a liquidation whole is slim. The probability in a case where the main asset is IP is basically zero.
It owns the care home and employs the workers etc. So that company has a set of assets, and a set of cash flows, let's say the care home it owns is worth $10m, and it makes a profit of $1m a year (totally made up numbers). It might be privately owned or public - that's not important. This has nothing to do with hostile takeovers - the sellers of the business are willing sellers.
A buyer comes in and says "I'll buy this business for $15m". But the buyer doesn't have $15m, Let's say they have $5m. So they go to the bank and they agree to borrow $10m. But the bank won't just lend you $10m, they need collateral. So what the buyer does is they say "We'll borrow the $10m from you to buy the company, and the collateral we'll provide to the bank is the assets of the company, which we'll own once we've completed the acquisition". In a weird way it feels like buying the company with it's own money.
So now, the private equity firm own the $15m business, but the business now has $10m in debt. The reason this is good for the private equity firm is that if they can increase the value of the business 10%, the business is now worth $16.5m and the PE firm reaps all the reward - they make $1.5m profit from a $5m investment, instead of making $1.5m from a $15m investment. It's a way of them making efficient use of their limited capital.
Now, here's the bad side: That business that had $10m worth of assets, and made $1m profits? Well now it has $0m of net assets and it's got to make interest payments on the debt. So the Private Equity firm has to move quickly to squeeze more profits out of the business. It's like when Elon Musk bought twitter- he claimed he had to make a tonne of cuts because the business was hemorrhaging money, but the truth is it wasn't losing money until he saddled it with a huge amount of incredibly expensive debt.
So an LBO happens when a PE buyer makes a sufficiently attractive offer (privately) to the shareholders. If they offer you 50% over what you think your own business is worth, you probably would take it, right? That’s the BO in LBO.
This large amount of money is typically acquired through debt - “leverage” - which is the L in LBO.
The classic coup de grace is to then load the giant loan onto the books of the acquiree and let them sink.
* (1) How is a private seller different from a public seller?
* (2) What is the incentive for a private seller to sell, especially in this hospice case where, presumably, the seller cares about the people they employ and serve?
Whereas a public seller has shareholders to pay out, a private seller is simply getting paid to transfer the ownership of their business. In both cases there is a pay out. The amount to be paid out is a large number – the buyer invests only a fraction of the purchase, whereas a bank finances the rest of the transcation. A large payout is enticing to sellers.
A private seller has the incentive of "a large payout" to sell their business. Even in the case where the seller is plausibly ethical and knowledgeable of the outcome of the buyout, their ethics are in contest with the financial incentive. People make personal compromises in exchange for money all of the time.
Lastly, you didn't ask, but I think there is an important part of "how it actually works;" The buyer owes the bank the rest of the transaction. In order to make good on that debt they will need a competent "exit strategy." It seems typical that the buyer will attempt to slash costs up front in order to make a quick, initial gain (e.g., fire employees to avoid paying salaries). After the short-term squeeze realizes gains, the buyer needs to sell off the company to dump the rest of the debt (e.g., spin off some of the business area/assets and sell to yet another buyer at a mark-up; having attractive short-term growth figures probably helps with this part).
Have you ever bought a house using a mortgage? What you've done was a leveraged buyout of that house.
When you do a leveraged buyout of a business, it's the exact same thing! You borrow money from someone, and use that money to purchase the asset (whether its a house, a car or a business), and you use the asset you're purchasing to "back" the loan, essentially saying "If I don't make the payments, you can auction off the house/car/business to pay off the debt".
>However, here we're talking about acquisition of private companies - so there are no shareholders. Then who exactly is the "seller" party in the transaction?
Shareholders is just the name for "Partial Owner", and every company has one (or more) owners.
The owners of the business sell it to the one who is buying.
A company being "Private" just means that the company's shares (ie: the partial ownership) is not being traded on any stock exchange.
It doesn't mean the ownership of the business can't be sold, any more than the fact that your house not being listed on a stock exchange prevents you from selling it to whoever will buy.
>It could be that the hospice was owned by itself
There is no such thing as something being "owned by itself". There is always one final owner.
Up to you what you want to do, but if you create a regulatively protected job, that’s an arbitrage opportunity. And finance will come for it. You can try to use social power by complaining in the news, but money talks louder. The old world where you could gasp your way into holding on to your mega profitable business by trying to use shame as a shield is over.
I don’t have shame, you see, and no amount of online kicking and screaming and downvoting will change it. Not today. Not tomorrow. Shame has no currency.
shame is basically the way a culture punishes antisocial behavior. If shaming no longer works, that’s one less tool of self regulation the culture has. Thats not a good thing.
Pretty sure this is made up. We've had stable societies governed by kings and queens over a population of serfs.
I would say that the rise of discussions about the distance between rich and poor becoming popular and commonplace at every level, and organization/civil disorder/brutal crackdowns around that, tend to lead to Caesars and Napoleons. Republics transform into dictatorships at that point by necessity. Because after a long period of chaos and death, both the rich and the poor want a strongman to deliver them from a period of uncertainty into a period of prosperity.
And “discussions of rich and poor” don’t happen in a vacuum, they occur in response to some real problem.
People do flock to strongman dictators in times of crisis, it’s true. They follow anyone who promises them safety and a return to the Good Old Days. Caesar I’m sure promised to Make Rome Great Again.
(The difference is that humans generally try to repay their mortgage even if defaulting would be financially better for them, whereas corporations have no such scruples)
The bank extending a residential mortgage is securing against default with the asset (house), but they're guaranteeing the income stream (mortgage payments) against the buyer's income.
With a leveraged buyout, you potentially impinge the company's ability to generate cash (with additional debt payments and dividends)... which gets back to the parent's point about borrowing someone else's money.
They're not, because they have no recourse against the buyer.
> With a leveraged buyout, you potentially impinge the company's ability to generate cash (with additional debt payments and dividends)... which gets back to the parent's point about borrowing someone else's money.
Well a mortgage is even more so by that logic, since the house has no income stream of its own.
That depends on which state you're in.
Do hotels or restaurants put profit maximization over customer well-being? If they do, they will be out of business rather soon. If the hospices have competition and comparability (for patients or their loved ones) then the same mechanism should work over time.
I have zero desire to have anyone enter my room at any time, for any reason, while I am paying for it.
In some longer stays (4-7+ days), hotel management will actually require housekeeping to enter. Fine, OK, I get it. But I do not wish it.
I don't claim to know how common my preferences are, but it seems likely to me that most guests don't care a super lot about maid service, so it's a natural thing to dial down.
This is not how it works and is why the government sometimes needs to step in with regulations. As a founder in the healthcare space once said to me: “I like regulations because it means I can do the right thing for my customers and not have to worry about competing with people who are willing to do harm because it’s more profitable.” Companies need to be able to compete. Some will do better. Some worse. But the government needs to establish the baseline rules so society as a whole isn’t harmed.
What a bizarre misrendering of the actual question, which is "does private equity systematically undermine the quality of healthcare?"
Corporations literally only have one goal, to generate the maximum profit for shareholders.
By definition profit is money not spent on making services better.
That’s not all profit is. How would labor theory, surplus value, and so on, be explained?
The legal obligation is to act in the best interest of the corporation on behalf of the shareholders. There are limited situations where the only goal is to get a higher stock price, like in a buyout, but in general business there is no legal obligation to chase profits over other values.
Corporations can do things that actively remove value from shareholders, and they do it all the time. Donating to charitable causes, benefits packages that are incredibly generous, sending employees home early on the day before a holiday, providing discounts to employees, etc. All of these things would be illegal if profit-maximizing was law, but it isn't. Instead corporate officers can say that the long-term benefits of acting as a responsible corporation is in the best interest of the company.
Anyone saying that screwing people over for the benefit of the corporation is a requirement of corporate governance is full of it.
See here for more: https://insight.kellogg.northwestern.edu/article/shareholder....
Or you could just say that having goodwill is in the best interest of the company for a variety of reasons.
The point is: even for-profit corporations have no legal obligation to profit maximize. They simply must act in their best interest. What is in their best interest is intentionally fuzzy because it allows corporate officers to act in ways that aren’t directly profit seeking.
Corporate types like to try to hide behind the rule saying they legally have to do the shitty profit maximizing thing. But they don’t.
No CEO has ever been fired for maximizing profits, so CEOs are incentivized to do anything - everything - to maximize profits. Many a CEO has been fired for not doing everything possible to maximize profits.
What's worse; the structure of corporations alienates the ones making malicious (but profitable) decisions from the ones executing the decisions. So that even if everyone in the chain-of-command is painfully aware that they are acting maliciously.
So even if corporate types don't have to do the shitting thing to maximize profit, they are usually incentivized to do so and provided a fig leaf for their moral qualms.
See; Exxon and Global Warming.
I'm not saying that corporations won't act in morally wrong ways in the name of profit maximizing.
I'm saying that there is no legal requirement that they act in this way. There is a meme/idea that goes around saying that there is a legal requirement to profit-maximize or maximize "shareholder value" over acting morally. That is false. Anyone claiming that is wrong and probably trying to cover for something terrible they've done. The fig leaf isn't real, and we need to call it out. Doing shitty things for higher profits is not a requirement, and never has been.
Of course it is legal to profit maximize in unethical ways, and some companies will do this, even though they don't have to.
Many a CEO has been fired for not profit-maximizing, but many a CEO has been fired for profit-maximizing while trashing the reputation of the company. Boeing and Equifax are two immediate examples of CEOs who got fired for making extremely profit-focused decisions that were severely unethical. It happens.
Businesses have developed countless mechanisms to be able to survive client backlash.
Oligopolies and cartels is a major trick. Competition highlights poor performers. Not good for business.
Uninformed customers is another biggie. Hence, fight consumer protection mechanisms, limit disclosure etc.
Finally, regulatory capture, eg fixing the rules of the game so that legally there is no recourse.
So, yeah, in some ideal world in which economists win Nobel prizes arguing the optimality of the corporate structure you'd be right.
We dont live in that ideal world.
That sad thing is that, obviously, profit maximizing private enterprize, just like the public sector itself, are indispensable organizational units.
Until we learn to tame them we will be paying the price.
In hospice it is generally the kids choosing and paying the hospice for their dad or mom who will live there... and when they say the food is bad you often assume they ham it up... And you tend to chose the place based on beautiful brochure, as you have no experience in this area... it is easy to move to another hotel, not so much to move your dad to another hospice
In France we recently had a huge scandal about for profit expensive nursing home (Orpea). Many old people were undernourished to save on food cost for example...
Since the 1970s, when modern conservative legal theory started to take root, the playbook for American business is tumor growth followed by cost cutting, even at expense of the business itself.
Medical networks and sub-entities are no different. Nursing homes are a preview of the future - they provide an operational money losing minimum viable service, but the owners are able to walk away with substantial returns on the real estate and overheads. In 10 years the default will be chat with ChatGPY, followed by a video call with a NP in India or the Philippines and wait 4 months to see a provider in person.
Why is everyone obsessed with towels? This is not the first time I’ve seen this indicated as a standard for quality, but I don’t understand. Do you _need_ more than two towels?
And honestly, what’s the bfd? The marginal cost of washing a towel should easily be supported by my $350/night expense to stay at Hampton Inn or whatever.
The cheapness has moved beyond that now. I’ve encountered properties who refuse to refresh sheets now, or require a request to be made at a time like 3pm, when you arrive at 8pm.
People in end-of-life care are kind of a locked in market. Nobody is going to a better hospice that might be an hour further away from all their family.
I had a friend that went through hospice.
Having caring staff that was empathetic to the families is an important part.
Veterinarians: Check
Healthcare: Check
Education: Check
Hospice? Check
Cool.
Defense: https://responsiblestatecraft.org/2023/03/22/as-private-equi...
Adult content: https://techcrunch.com/2023/03/16/pornhub-owner-mindgeek-sol...
Matt Stoller has lots of quality writing on the topic:
https://mattstoller.substack.com/p/closing-down-the-billiona...
https://mattstoller.substack.com/p/why-private-equity-should...
Historically not the kind of topic that can be debated well on HN.
Bruce Wasserstein: Gouging Grandma: https://youtu.be/bcsxGxzrTsc
Afterwards, I asked him what he had learned.
"I learned to never end up in a nursing home."
The best way to make a buck in private equity these days is probably to start businesses and sell out to greedy buyers ASAP. Buying laundromats got really big in the past few years and I knew of a guy who started over 20 of them and sold them to idiots.
(*) Afterlife not guaranteed.”
> As King put it: "Winston Churchill once famously observed that Americans will always do the right thing, only after they have tried everything else."
In my experience, America does tend to have this blind spot where everything but the blindingly obvious is blamed and we throw our hands up saying "there's nothing we can do" for problems literally no one else has.
The problem here is capitalism. We need more government, not less. The Church of Quasi-libertarianism and deregulation simply does not work.
Shelter is one of our basic needs to survive. There is absolutely no reason why the richest nation in the history of the Earth cannot put a roof over the head, provide sufficient food and give access to clean water to every man, woman and child in this country. None. It's a choice not to.
The insidious part of our capitalistic cult is how insidious it is. Every aspect of our lives becomes financialized. Debt is built into our existence: housing, student, medical. It's the chosen method of control where once it was fealty to a monarch and whoever your local vassal lord was.
Mark Fisher once said [2]:
> it is easier to imagine an end to the world than an end to capitalism
But no, the problem is going to be anything else.
[1]: https://www.npr.org/sections/itsallpolitics/2013/10/28/24129...
And more government isn't the answer either (nor is less government); what's needed is better government. America's governmental system is uniquely badly designed and broken. Adding more civil servants isn't going to fix things, just like you can't make a rowboat go faster by adding more rowers who are rowing in the wrong direction or not even rowing or harassing the people who are rowing.
(Imagine Idiocracy crossed with Fallout and HHGG. see my bio here if curious.)
Public companies, which are regulated precisely to protect the financial interests of shareholders, are forgoing profits for the sake of their ESG scores.
Meanwhile, private equity, which is not regulated in the same way and theoretically could be more easily managed towards objectives other than profit, are smeared as “profit obsessed.”
Wild times
It’s controversial because pension managers control over $12 trillion of OPM (other peoples money) in the US, and the great centralization of control of these funds in a few politically connected firms, and have been thus turned into a political instrument of change instead of just a personal returns manager/maximizer.
However you want to judge it good or bad, it’s a serious market distortion
*The ESG rule—Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights—permits retirement plan fiduciaries, such as 401(k) plan sponsors, to consider climate change and other ESG factors when they select investment options and exercise shareholder rights, such as proxy voting
https://www.stern.nyu.edu/sites/default/files/assets/documen...
Here’s another. Researchers reviewed shareholder value created by firms with high and low ESG ratings—scores provided by professional rating agencies. Their conclusion: “Telling firms that being socially responsible will deliver higher growth, profits and value is false advertising.” https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3557432
What they found is also apparent on a macro basis. Over the past five years, global ESG funds have underperformed the broader market by more than 250 basis points per year, an average 6.3% return compared with a 8.9% return.
Despite tens of trillions of ESG investments, investors haven’t done very well nor generated much good
I don’t think it helps grow a company, but equally I don’t think on a macro scale it actually hinders either. So if it’s a net 0 why not do good and make money? It’s not an either or.
TLDR, tech bubble and ESG likely correlated to a common confounder
Most funds perform more poorly than broad indexes for example.
You've not provided much evidence for the generated good part. The profit is the easier part to measure, but I'd like to know how they're doing on the ESG part (which is of course why they have lower yields and still chosen to begin with!).
I think (and credit the insight to a friend) that we should really be investing not only in terms of profitability, but in how ESG-effective (or in more general terms, constructive, good for society, effectively altruistic, etc.) the organization is. By now it's been said many times, and it's becoming quite clear we're optimizing the wrong thing (just returns). It's not as bad as it seems, simply because I think a large portion of individuals are highly charitable, and also make personal choices that take something like ESG into account, including shunning products and companies, as well as the introduction of government regulation.
But there are significant problems because profit-driven investing and then buying consciously doesn't work say for mitigating climate change. The oil and gas industries and several other industries can operate largely independently of consumer goodwill, and sometimes consumers really lack the capability or means to have enough information to enact any ideal in this part. Moreover, some large offenders (industries and individuals that act very anti-socially) can be quite bad, outside of individual control. Regulation can help, but then it tends to be slower and requires thorough consensus.
ESG investing helps in that (a) You should be directly optimizing the right thing (prosocial and environmental aspects of the company); (b) An ESG fund can do the research for you much more thoroughly; (c) Activist investors can change entire companies direction (with voting shares).
It should be said though that company shared ownership, i.e. stocks, are just that. Even if the stock of say an oil and gas company that disregards climate change completely is sold en masse from activism, that can reflect not that much on the operations of the company and the stock price can bounce back on a restricted pool of indifferent investors. But I believe there are some liquidity and credit benefits to a strong stock market valuation. (Edit: although of course by controlling voting shares an activist group can control the company, which has shown potential recently I believe)
This is why I think credit to ESG ventures should be the investment priority more than ESG companies themselves. And it clearly doesn't excuse individuals of acting responsibly in other ways and also promoting legislation to help (It does help push for change when you and many others are invested in a good outcome in a very literal sense).
---
The limit of this idea is something I call 'Elementalism', a form of organization where we would try "optimizing for the right things" even more directly: What if we had some distributed entities that could evaluate organizations for their impact (on many fronts, say scientific development, technological development, artistic development, being healthy/good for mental or physical health of people, etc.) as close to quantitatively as it can, and then that could translate into some sort of credit or monetary reward directly. So if your company makes something that is proven to pollute the environment and generate so much in health damage to the population, maybe you could be "fined" directly by those (distributed) entities; and on the flip-side if your product has some extraordinary health benefit to users, maybe it could be rewarded more directly on impact; this could respond much faster than trying to change rules and regulations. I'm not sure if those entities should be a part of government or not... but in any case they'd need to cooperate closely among themselves and the government to collect and distribute this income/credit.
It’s one thing for random HNers to not understand this. But then you have Musk who should know better and probably does, but chooses to instead misinform his massive following.
No one was tracking these very real risks until recently. The risk that a company highly exposed to California homes might possibly be at risk of the increasing number of wildfires. Or one dependent on the Russian market may lose it entirely because of sanctions.
I know there were a lot of problems in the Canadian system caused by or exposed by Covid, but weren't the worst of them private companies in some sort of private-public deal not, as your wording suggests, the government running them?
I may be misremembering. Somewhat like the US state-to-state variability, province-to-province is quite different also I suspect.
Thanks, I've never seen intricacies of Canadian health care system explained quite as clearly and succinctly as this. :)
I can't help but think of that complete set of Beatles transcriptions where the orchestral build-up in "A Day in the Life" is a single staff titled "Orchestra" with a rising line drawn on it.
Does it have its problems? Yes. Do Canadians think that American healthcare is a better system? Actions indicate: No.
How do I know? 90% of Canadians live close enough to the border to hop over and visit a doctor and be home in the same day. That's incredibly rare to do.
The few Canadians I've met who think its better in the US have either never dealt with the US system, or have only dealt with it in terms of very high end plans provided by an employer.
As someone who has lived in both countries, and dealt with US healthcare (ACA, and pre-ACA). I never want to deal with US healthcare again. Last time I lived in the states my premiums were ~7% of my take home pay. That's a massive "tax" to pay, and that's before you actually see a doctor.
So yeah. Canada had issues with care homes during Covid, but the correct point of comparison isn't top-notch private care homes in the US (A majority of Canadian care-homes are private anyway, so we have the same high end thing here). It is to compare the free public care homes in Canada with people dying at home in the US because they can't afford any care at all.