But since they can't exactly go after the entire self-funding market – or ERISA, for that matter – it looks like regulators (and lawmakers) are taking a look at stop-loss, the critical backstop for smaller employers trying to self-insure their work force. Take that away, and this collapses as a viable option for smaller employers.

The Wall Street Journal this week had a good opinion piece on this trend for mainstream readers – including some interesting speculation – but I just want to say that changing the rules in the middle of the game like this is what my son does. I expect better from the feds, but maybe that's my mistake.

Why not encourage employers trying to make this move? Their workers are still getting coverage, aren't they? They're certainly not on the public health care rolls. This is the kind of free market solution regulators should encourage, not outlaw. Or, at the very least, ssimply leave alone.

Speaking of outlaws, earlier this week, I got into a little bit of trouble for doubting the claims of Trader Joe's CEO Dan Bane when he insisted he just had to cut benefits for part-time workers or he'd go out of business. Or words to that effect.

In my defense I'd like to make two points of clarification:

• Not once did I dispute his right as a business owner (or boss) to make the decision he did. He can do whatever he damn well pleases. I just questioned the scapegoat he's using.
• Secondly, and maybe even more importantly, it looks as if the real victims of the health law (at least when it comes to job cuts) can be found in the health care business itself. The nonprofit Washington Free Beacon, for example, reported this week that more than a dozen hospitals have cut staff over the last three weeks, with some shutting their doors altogether, because of Medicare cuts and uncertain market conditions. Now this I believe, especially since HHS itself saw this coming more than three years ago.

Have a great weekend.

(Oh, I almost forgot: Don't forget to join me online in a couple of weeks when I sit down with a couple of experts to dissect the on how exactly you roll out intelligent wellness plans. Sign up here.