Governors Opt Out of Medicaid Expansion and State-Based Health Care Exchanges
A major way the Affordable Care Act (ObamaCare) aims to increase coverage is by expanding Medicaid.  This was to be enforced by giving the Secretary of HHS the power to withhold existing Medicaid funds from the states if they failed to comply.  The Supreme Court rejected that provision.  A number of states headed by Republican governors have made it clear that they will not comply with the Medicaid expansion and other provisions. 

"CHIEF JUSTICE ROBERTS, joined by JUSTICE BREYER and JUSTICE KAGAN, concluded in Part IV that the Medicaid expansion violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion."


"...The Government claims that the expansion is properly viewed as only a modification of the existing program, and that this modification is permissible because Congress reserved the “right to alter, amend, or repeal any provision” of Medicaid. §1304. But the expansion accomplishes a shift in kind, not merely degree. The original program was designed to cover medical services for particular categories of vulnerable individuals. Under the Affordable Care Act, Medicaid is transformed into a program to meet the health care needs of the entire nonelderly population with income below 133 percent of the poverty level. A State could hardly anticipate that Congress’s reservation of the right to “alter” or “amend” the Medicaid program included the power to transform it so dramatically. The Medicaid expansion thus violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion."

NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. 
June 28, 2012


Texas Governor Rick Perry
July 9, 2012
Gov. Perry: Texas Will Not Expand Medicaid or Implement Health Benefit Exchange
Sends letter to Secretary Sebelius outlining reasons for rejecting Obamacare

Gov. Rick Perry, in a letter to U.S. Health and Human Services Secretary Kathleen Sebelius, today confirmed that Texas has no intention of implementing a state insurance exchange or expanding Medicaid as part of Obamacare. Any state exchange must be approved by the Obama Administration and operate under specific federally mandated rules, many of which have yet to be established. Expanding Medicaid would mandate the admission of millions of additional Texans into the already unsustainable Medicaid program, at a potential cost of billions to Texas taxpayers.

"If anyone was in doubt, we in Texas have no intention to implement so-called state exchanges or to expand Medicaid under Obamacare," Gov. Perry said. "I will not be party to socializing healthcare and bankrupting my state in direct contradiction to our Constitution and our founding principles of limited government.

"I stand proudly with the growing chorus of governors who reject the Obamacare power grab. Neither a "state" exchange nor the expansion of Medicaid under this program would result in better "patient protection" or in more "affordable care." They would only make Texas a mere appendage of the federal government when it comes to health care."

Gov. Perry has frequently called for the allocation of Medicaid funding in block grants so each state can tailor the program to specifically serve the needs of its unique challenges. As a common sense alternative, Gov. Perry has conveyed a vision to transform Medicaid into a system that reinforces individual responsibility, eliminates fragmentation and duplication, controls costs and focuses on quality health outcomes. This would include establishing reasonable benefits, personal accountability, and limits on services in Medicaid. It would also allow co-pays or cost sharing that apply to all Medicaid eligible groups - not just optional Medicaid populations - and tailor benefits to needs of the individual rather than a blanket entitlement.

Gov. Perry has consistently rejected federal funding when strings are attached that impose long-term financial burdens on Texans, or cede state control of state issues to the federal government. In 2009, Texas rejected Washington funding for the state's Unemployment Insurance program because it would have required the state to vastly expand the number of workers entitled to draw unemployment benefits, leading to higher UI taxes later.

In 2010, Gov. Perry declined "Race to the Top" dollars, which would have provided some up-front federal education funding if Texas disposed of state standards and adopted national standards and testing.


South Carolina Governor Nikki Haley
July 3, 2012
Gov. Nikki Haley's letter to U.S. Sen. Jim DeMint regarding health exchanges
Haley to DeMint: We stand with you in opposing implementation of state-based insurance exchanges

COLUMBIA, S.C. – Governor Nikki Haley today released a letter she wrote U.S. Sen. Jim DeMint regarding the Patient Protection and Affordable Care Act (ACA) and health exchanges in South Carolina. A copy of the governor’s letter to Sen. DeMint is attached.

In the wake of the Supreme Court’s ruling on the Patient Protection and Affordable Care Act, Sen. DeMint urged governors across the nation “to stop implementing the health care exchanges that would help implement the harmful effects of this misguided law. Americans have loudly rejected this federal takeover of health care, and governors should join with the people and reject its implementation.” (Press Release, Office of U.S. Senator Jim DeMint, 6/28/2012) Sen. DeMint also joined Members of Congress in writing a letter to governors regarding the Patient Protection and Affordable Care Act, asking them “to oppose its implementation” and “oppose any creation of a state health exchange mandated under the President’s discredited health care law.”

In her letter to Sen. DeMint, Gov. Haley wrote, “South Carolina stands with you and your cosigners in opposing implementation of state-based insurance exchanges – a decision we have been committed to since it was announced after careful consideration last December… Our analysis of the exchange law found that, among other things: states have little meaningful flexibility under the Obama administration’s concept of “state-based”; exchanges are required to assume many administrative functions now performed by the private insurance market; and most notably, the law’s primary intent is to create a new system for delivering federal insurance premium subsidies under rules governed by the Internal Revenue Service – a function where the state has no compelling role.
 
“Bottom line?  By refusing to implement state-based exchanges, the state is ceding nothing – we were given very little in the first place and, unsurprisingly, asked to give far too much in return. Critics of our decision sometimes forget that states are given a choice, and the law's authors may now wish that they had not written a federal exchange option into the law.  It is increasingly clear that without significant state assistance, it will be unlikely that any insurance exchange solution can be implemented at all.  With the implications of this choice in mind, combined with the Court’s decision properly returning Medicaid expansion decisions to the state and the fact that the “state-based” exchanges are state-based in name only, states opposed to ACA should not freely give up the leverage we now have to repeal and replace this bad law.”


Florida Governor Rick Scott
July 1, 2012
FLORIDA WON'T IMPLEMENT OPTIONAL PORTIONS OF OBAMACARE
Will join other states opting out of Medicaid expansion, state-run exchanges;
If ACA is not repealed before January 1, 2014,
Florida will implement and comply with the required sections of the act.

After reviewing the impact of the Supreme Court ruling that gave Florida the flexibility to legally opt out of implementing one of the costliest provisions of the Affordable Care Act, commonly known as “ObamaCare,” Governor Rick Scott has decided two major provisions in the law are inconsistent with his mission to grow jobs for Floridians, make sure there is adequate funding for education, and to keep the cost of living as low as possible.

The Affordable Care Act does not require states to take any action before the 2012 general election, and the full law does not take effect until January 1, 2014, provided it is not repealed before that date. Governor Scott, like other state governors, has made it clear that even though Florida will opt out of implementing two major, yet optional, provisions, should there be any legal obligation to implement ObamaCare, the state will follow the law, and if ObamaCare is not repealed by January 1, 2014, Florida will implement and comply with required sections of the Affordable Care Act.

Florida will opt out of spending approximately $1.9 billion more taxpayer dollars required to implement a massive entitlement expansion of the Medicaid program. A second provision in the Affordable Care Act gives Governor Scott the flexibility to opt out of building insurance “exchanges.”

“Floridians are interested in jobs and economic growth, a quality education for their children, and keeping the cost of living low,” Governor Scott said. “Neither of these major provisions in ObamaCare will achieve those goals, and since Florida is legally allowed to opt out, that’s the right decision for our citizens.”

It is important to note that Florida already has health care safety net programs for those with the greatest need, including assistance for families with incomes up to 133% of the poverty line, and Florida KidCare to ensure no child goes without health care in Florida.

But even though the federal government has promised to initially pay 100% of the increase in Medicaid payments for the first three years of ObamaCare, the burden increasingly shifts to Florida taxpayers in future years. Medicaid, which has been growing for years at three-and-a-half times as fast as Florida’s general revenue, will soon grow even faster under ObamaCare, and education funding will be adversely impaired if we do not control the growth in Medicaid spending.

Another provision in the Affordable Care Act gives Governor Scott the flexibility to opt out of building insurance “exchanges” that will result in higher insurance premium costs – more money out of the pockets of Florida’s families and businesses. The Congressional Budget Office has said that insurance premiums available on state exchanges will rise another 10-13% under the rules of ObamaCare. In states already operating insurance exchanges set up under similar rules, health care premiums are substantially more expensive.

“The real problem with health care is that costs continue to rise. That’s why I believe we need more choice for patients, more free-market competition, increased accountability for providers, and incentives for personal responsibility,” said Governor Scott. “These are the things we can do that will hold down health care costs and make it affordable for more people. Unfortunately, ObamaCare care doesn’t do any of those things. In Florida, we are focused on becoming the number one place for businesses so that Floridians have more jobs.”


Wisconsin Governor Scott Walker
June 28, 2012

Governor Walker’s Reaction to the U.S. Supreme Court Ruling on ObamaCare

Madison—Today Governor Scott Walker released the following statement on the U.S. Supreme Court Ruling on ObamaCare:
 
I continue to oppose ObamaCare. 
 
One of my first acts as Governor was to authorize Attorney General J.B. Van Hollen to add Wisconsin to the federal lawsuit opposing ObamaCare.
Wisconsin will not take any action to implement ObamaCare.  I am hopeful that political changes in Washington D.C. later this year ultimately end the implementation of this law at the federal level. 

If there is no political remedy from Washington and the law moves forward, it would require the majority of people in Wisconsin to pay more money for less healthcare.  Additionally, it would increase the size and cost of government, decrease the quality of healthcare and, in our state, reduce access for those truly in need of assistance. 
The federal government should not tell individuals and families what to do with healthcare.  The alternative is more transparency and a more active role by consumers, so we can truly control costs. 

###
Mississippi Governor Phil Bryant
June 28th, 2012
Governor Phil Bryant Comments on ObamaCare Ruling

JACKSON – Gov. Phil Bryant issued the following statement regarding the decision by the Supreme Court of the United States on ObamaCare:

“Today’s decision by the U.S. Supreme Court to uphold ObamaCare and its individual mandate is alarming. It is a stunning expansion of federal power and an assault on the liberty of American citizens.  That is exactly why I personally filed a legal challenge to ObamaCare in 2011 and why we joined the multi-state lawsuit on which the Supreme Court ruled today.

Although I am continuing to review the ruling by the Supreme Court, I would resist any expansion of Medicaid that could result in significant tax increases or dramatic cuts to education, public safety and job creation.

Many of us hoped ObamaCare would fall today by a vote of the Supreme Court; instead, it will fall in November by a vote of the American people.  I plan to work hard between now and November to elect Mitt Romney and a Republican Congress so we can repeal the damaging policies of this president.”

###


Louisiana Governor Bobby Jindal
June 28, 2012
Gov. Jindal on Supreme Court Ruling on Obamacare: “Decision is a Blow to Our Freedoms”

BATON ROUGE – Governor Bobby Jindal released the following statement today on the Supreme Court’s ruling on President Obama’s health care law:

“Ironically, the Supreme Court has decided to be far more honest about Obamacare than Obama was. They rightly have called it a tax. Today’s decision is a blow to our freedoms. The Court should have protected our constitutional freedoms, but remember, it was the President that forced this law on us.

“The American people did not want or approve of Obamacare then, and they do not now. Americans oppose it because it will decrease the quality of health care in America, raise taxes, cut Medicare, and break the bank. All of this is still true. Republicans must drive hard toward repeal, this is no time to go weak in the knees.”

###
Virginia Governor Bob McDonnell
June 28, 2012

Statement of Governor Bob McDonnell on U.S. Supreme Court Decision on the Patient Protection and Affordable Care Act

RICHMOND - Governor Bob McDonnell issued the following statement today following the decision by the U.S. Supreme Court to uphold the Patient Protection and Affordable Care Act (PPACA).

"Today's Supreme Court ruling is extremely disappointing for Virginia and for America. The PPACA will create a costly and cumbersome system that will impair our country's ability to recover from these challenging economic times, infringes on our citizen's liberties, will harm small businesses, and will impose dramatic unfunded mandates on Virginia and all states. Simply put, this is a blow to freedom. America needs market-based solutions that give patients more choice, not less.

Virginia will evaluate the steps necessary to comply with the law. While we have awaited this decision, planners have been working to identify necessary resources and issues to be addressed to ensure Virginia implements this flawed law in the most effective and least costly and burdensome way possible. In coming months, Virginia's healthcare leaders will work to develop the best possible system to meet the healthcare needs of our citizens. It remains my hope that we will elect a new President and Senate so that the existing law will be repealed and states will be given the freedom they need to implement healthcare solutions that work best for their citizens. We will evaluate the opinion in detail in the days ahead and determine what policies are proper for the people of Virginia."

# # #