PROGRAMMING NOTE: My colleague Daren Bakst gave a lunch
talk today on the constitutionality of ObamaCare. You can see the whole video
at CarolinaJournal.tv.
With historic victories in North Carolina and across the
country, Republicans in Congress, governors’ mansions, and state legislatures
have a chance to repeal or restrain ObamaCare. They cannot preemptively
compromise and they have to jump out of the gate with legislation, resolutions,
executive orders, and hearings. Some specific examples:
- Freedom
of Choice in Health Care Act: The
Virginia and Montana legislatures passed such an act last year to
guarantee citizens’ right to purchase health care and insurance any way
they choose. Arizona,
Oklahoma, and Missouri
voters approved similar constitutional amendments. - ObamaCare
lawsuits: Newly elected governors and
attorneys general can prepare to join existing lawsuits. In North
Carolina, the legislative leaders may be able to sue the federal
government on behalf of the state employee health plan, which has limited
funds and must weigh the effects of policy changes against the value of
keeping "grandfather" status so as not to comply with more
stringent future ObamaCare regulations on policies. - Legislative
approvals and funding: Legislatures
need to restate their role in implementation of ObamaCare. Executive
branch offices should not have freedom to establish a health insurance
exchange or make changes in the regulation of health care in the state
without legislative approval. Legislative leaders need to be quick and
firm in this restatement, even before they get back in session — outside
industry groups have already been working with executive agencies to
lay the groundwork for regulations. New regulations need new or redirected
funding at the federal and state level. Legislatures should repeal funding
and prevent new funding for ObamaCare initiatives. - Opt
out of Medicaid: Texas is
considering this alternative and other states should, too. Until 2014,
states can take steps to transform
the program. - Executive
orders: Pro-freedom
governors are already fighting ObamaCare with steps such as forbidding
state agencies from applying for federal grants to implement ObamaCare
initiatives. North Carolina’s Departments of Insurance and Health and
Human Services have already applied for grants. The legislature can cut
funding to agencies by the amount of the grants for which they apply. - Legislative
Hearings: In addition to these steps,
Congress and state legislatures should hold hearings at which federal and
state officials can attempt to explain what regulations would mean for
individuals and businesses. Committee meetings in North Carolina so far
have resulted in a lot of "I don’t know" answers and warning
about the potential
fiscal impact for the state. We have provided in this newsletter
examples of companies and individuals losing
their insurance coverage, premium
increases resulting from ObamaCare, and pro-market alternatives that
would accomplish the stated goals of supporters of the current law. These
stories and alternatives should finally receive the hearing they were
denied during the Congressional rush to thwart the will of voters.
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