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Fighting ObamaCare at the State Level

Fighting ObamaCare at the State Level. 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.

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Fighting ObamaCare at the State Level

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  1. Fighting ObamaCare at the State Level 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. Contact Us! Christie Herrera Director, Health and Human Services Task Force American Legislative Exchange Council (202) 466-3800 christie@alec.org http://www.alec.org

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