A little history: In 2010, Governor Pawlenty supported and signed a law allowing Minnesota agencies to pursue federal AHBE planning grants. In February, the Department of Commerce (DOC) received a $1 million planning grant to be shared with the Depts of Health and Human Services. A director was hired. At a March 9, 2011 MN Senate hearing, the Commissioner of DOC refused to tell Chairman David Hann why he thought the Dayton Administration could build the AHBE without approval from the State legislature.
According to the Federal summary of MN's "Exchange Establishment" grant: "Minnesota will use its resources under the Affordable Care Act to build on the Limited-Competition Exchange Planning grant it received in February 2011. Minnesota will focus on developing its Exchange information technology infrastructure. Minnesota also will establish an initial governance structure within the Minnesota Department of Commerce with full-time staff dedicated to the development of Minnesota’s Exchange. The state will also create and maintain an Advisory Task Force to provide guidance on the establishment of an Exchange. The state is requesting funding to develop and execute work plans, timelines, and budget and cost-allocation estimates through 2014. Minnesota will also designate a Chief Financial Officer to create and execute detailed work plans related to financial management, program integrity, and Exchange financing mechanisms." [emphasis added]
In the Eleventh Circuit Court of Appeals Ruling on the 26-state Florida lawsuit against Obamacare, the judges not only found the individual mandate unconstitutional, they also wrote the following about federal authority over all American Health Benefit Exchanges established under Obamacare: "The Act allows states some flexibility in operations and enforcement, though states must either (1) directly adopt the federal requirements set forth by HHS, or (2) adopt state regulations that effectively implement the federal standards, as determined by HHS. Id. § 18041(b)." [emphasis added]
Another Democrat circumventing the law to put into place his liberal giveaway programs.