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Health Care Insurance Exchanges: What is the GOP to do?

Here is an excellent summary by Kaiser Health News of the dilemma that GOP lawmakers face with regard to health care exchanges. The exchanges are required by ObamaCare. If Obamacare is not defeated either by the U.S. Supreme Court or by repeal by Congress, the state of Minnesota has to have an exchange in place on Jan. 1, 2014. Rep. Steve Gottwalt, who opposes ObamaCare, think the state is better off crafting the exchange sooner rather than later so that the GOP is in the drivers seat as much as possible, while other lawmakers are more willing to “play chicken” (for lack of a better phrase) with the Obama administration and Gov. Dayton.(Both Obama and Dayton support a public option or the full socialization of medical care).

Healthcare activist Twila Brase (Citizens’ Council for Health Freedom www.healthcarefreedom.us ) has lead the fight against caving to a sense of inevitability on ObamaCare; she can pack the room at hearings with citizens, many of whom are active in tea parties, who are not willing to give an inch on ObamaCare. Her argument is that any exchange Minnesota sets up will be run by the Feds anyway, that the sense of control that Gottwalt and the business community seeks, is an illusion.

We have opposed ObamaCare as bad law and bad policy. Kim Crockett has testified throughout this session on the constitutional issues raised by the legislation. We respect our fellow conservatives who are on the front lines of this dilemma and hope, when the session is over, to bring all parties together to discuss the best solution for Minnesotans.

Round 2: Obamacare and Judge Vinson

(Update) The Florida case (involving 26 states) against Obamacare has a new development.

The Wall Street Journal had the best summary I’ve seen so far. Vinson stayed his ruling/injunction while the case is appealed, but he put it on a fast track, noting that this case should be resolved by the Supreme Court as soon as possible. Judge Vinson’s order is only 20 pages long; he best summarizes his original ruling and why it was an unambiguous injunction-and yet why it makes sense to stay his injunction at this point. He also tells us what is going on in the various plaintiff states while the legal issues are resolved (implementation which poses a danger, see below). It is worth reading—he takes the DOJ lawyers (and the Obama administration) to the woodshed.

Michael F. Cannon from CATO has pointed out that one of the reasons Judge Vinson declined to block implementation outright is that some of the plaintiff states are moving forward with implementation of Obamacare while the case is on appeal. The administration pointed out in its motion that most of the plaintiff states have applied for grants or federal resources. States are playing it safe, in case they do not win in the Supreme Court. Cannon points out that state implementation is undermining the legal case against the unconstitutional law.

Minnesota, which is not a plaintiff in any of the law suits, must look to its legislators for leadership on this issue. The issue of insurance exchanges (HF 497) and expending funds to implement Obamacare (HF 468) are expected to be heard in the House this week. I am scheduled to testify in the House Health and Human Services Reform Committee on Tuesday in Room 200 (hearings start at 2:30pm but there is no way to know what time HF 468 will be heard).

We are not in well chartered territory. The Pelosi/Reid Congress and President Obama joined forces last year to aggressively assert federal power over the states and the people in a policy area previously thought of as under state (10th Amendment) and individual (9th Amendment) control. Minnesotans chose divided government last fall, so as I said above, we must look to our legislators for leadership while the legal process proceeds. Let’s see what the legislature does this week and calendar March 10th to see how the administration responds to Judge Vinson.

A Guide to Repealing ObamaCare

What can state legislatures do to repeal ObamaCare? Plenty, says Christie Herrera of the American Legislative Exchange Council (ALEC).

ALEC has just released The State Legislators Guide to Repealing ObamaCare, which offers legislators plenty of options for defunding ObamaCare, drawing attention to its harmful effects, and otherwise working to undo the increasing rate of “governmentizing” health care.

For states, ObamaCare has several harmful effects, including:

  • Increased financial demands on already stressed Medicaid programs
  • Higher taxes
  • A federal takeover of health insurance regulation.

What can state legislators do? They can take several steps, including:

  • Refrain from building the ObamaCare edifice
  • Hold public hearings to draw attention to the harmful effects of the law
  • Pursue market-based reforms.

In other words, the action isn’t just at the national level. For those of us who appreciate federalism, that’s a good thing.

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