Christie Herrera Director, Health and Human Services Task Force American Legislative Exchange Council Presentation before the Galen Institute/American Action Forum/Institute for Policy Innovation Forum Tuesday, November 30, 2010 Fighting ObamaCare at the State Level
ALEC’s Freedom of Choice in Health Care Act ALEC spurred the introduction of the Freedom of Choice in Health Care Act in 42 states Six states enacted it statutorily: VA, ID, AZ, GA, LA, MO Two states enacted it via constitutional amendment: AZ, OK One state has an active petition initiative: MS Serves as basis for Virginia’s Commonwealth v. Sebelius Virginia: First state to pass with D-controlled chamber Louisiana: First state to pass with D-controlled legislature Missouri: 71% pulled the lever for Prop C, including 1 in 6 Democrat primary voters
More States Will Sue Over ObamaCare Commonwealth v. Sebelius (VA) Florida v. U.S. DHHS: 16 AGs (FL, SC, NE, TX, UT, LA, AL, CO, PA, WA, ID, SD, IN, ND, AK, MI) + four govs (MS, AZ, NV, GA) Kinder v. Geithner (MO) GOP picked up nine governor/AG seats in states that have not yet sued (IA, KS, ME, NM, OH, OK, TN, WI, WY) WSJ: Conservative Democrat AGs in two states might be inclined to sue (WV, NC) New Jersey: Only state with Republican governor/AG that has not yet sued
Legislation and Oversight in the States ALEC’s Freedom of Choice in Health Care Act (until 2014) Resolution supporting PPACA’s repeal (KY) Moratorium on PPACA rulemaking (AZ, WI) Federal waivers on “medical loss ratio” (AK, IA, ME, FL, SC) Calls for Medicaid “opt out” (TX, WA, AL, SC, WY, NV) Calls for public employee “opt out” (TN) Ongoing interim committees to study PPACA’s impact Involvement in the federal rulemaking/comment process
A Bold, New Health Reform Agenda High-Risk Health Insurance Pool Act –Protects the medically-uninsurable and those with pre-existing conditions by allowing them to purchase affordable coverage through a high risk pool Rescission External Review Act –Safeguards against excessive insurance company rescissions and provides for an independent review –Avoids needless and time-consuming litigation Health Care Choice Act for States –Allows people to purchase quality, affordable health coverage across state lines Health Care Tax Relief Equity Act –Equalizes the tax treatment of health insurance by allowing a state income tax deduction for individual insurance premiums Patients First Medicaid Reform Act –Establishes medical savings accounts for Medicaid beneficiaries, and allows them to use the accounts to purchase a high-deductible health policy and pay for out-of- pocket expenses
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