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(state) House Republicans may sue over Kasich’s Medicaid expansion
Columbus Dispatch ^ | October 17, 2013 | By Jim Siegel and Joe Vardon

Posted on 10/19/2013 11:39:41 PM PDT by Brad from Tennessee

(Ohio)House Republicans are preparing to potentially sue GOP Gov. John Kasich over taking Medicaid expansion to the state Controlling Board, and they would base their lawsuit on the arguments laid out in a formal protest they filed yesterday.

Thirty-nine GOP representatives signed a letter in protest of Kasich’s plan to ask the seven-member legislative-spending oversight panel on Monday to approve $2.56 billion in federal money over two years to cover about 275,000 more poor Ohioans under Medicaid. They said Kasich’s maneuver will circumvent the “clear intent of the General Assembly,” a violation of Ohio law.

The letter, apparently written by Republican Rep. Lou Terhar of Cincinnati, was based on research provided by Maurice Thompson, executive director of the 1851 Center for Constitutional Law. Thompson, who confirmed his research, told The Dispatch last night that should the Controlling Board approve Kasich’s request, a lawsuit could soon follow and Thompson would be “the lawyer doing the suing.”

“It not even finalized yet, so it’s too soon to say precisely who the plaintiffs would be, but clearly (House Republicans) would seem most well positioned for legal action,” Thompson said. . .

(Excerpt) Read more at dispatch.com ...


TOPICS: Extended News
KEYWORDS:
Apparently the legislature forbids any money for expanded Medicaid in the state budget. Kasich is pulling an end run by taking the issue to the state Controlling Board.
1 posted on 10/19/2013 11:39:41 PM PDT by Brad from Tennessee
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To: Brad from Tennessee

He’s supporting Ohio business interests. Significant business interests. Hospitals will be shafted out of millions of dollars of revenue because Obamacare has cut federal funding for uninsured reimbursements in order to pay for Obamacare. In blocking him, the republican legislature is threatening the livelihoods of its own constituencies-nurses and doctors. what’s more, they’re causing harm to Ohio’s health care system by forcing budget cuts onto hospitals. You think your ER waits are bad now, wait until they start cutting hospital budgets. You think the nursing homes are bad now, wait until the budget’s get cut. We pay our federal taxes. Why shouldn’t we accept the medicaid expansion funds from the federal government?


2 posted on 10/19/2013 11:58:14 PM PDT by RC one
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To: RC one

‘Why shouldn’t we accept the medicaid expansion funds from the federal government?’

Because federal money is an addiction that is never cured.


3 posted on 10/20/2013 12:03:56 AM PDT by AlmaKing
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To: Brad from Tennessee

And when that federal ‘commitment’ to pick up 90-100% gets caught up in bigger fiscal issues, the only way to contain the cost of it would be to scale back the health care services that are provided. Actually I believe as well the population that is currently eligible for Medicare but not enrolled won’t get the Obamacare funding rate so states will still be on the hook for around 40% of that total cost. Depending on the particular mix of factors adding them to the rolls would still cost these states billions of dollars in increased spending.


4 posted on 10/20/2013 12:12:05 AM PDT by erlayman
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To: AlmaKing

Yeah - instead of doing it Kasich’s way, let the feds give it to some pissant arab country, or give it out in food stamps and housing for illegal immigrants.


5 posted on 10/20/2013 12:19:58 AM PDT by Slump Tester (What if I'm pregnant Teddy? Errr-ahh -Calm down Mary Jo, we'll cross that bridge when we come to it)
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To: AlmaKing

First of all, we wouldn’t be taking anything that we weren’t already receiving before Obamacare, we’re just calling it something different now-medicaid expansion. furthermore, I have paid hundreds of thousands of dollars in federal taxes so I have ZERO problem taking some of it back. Finally, this is actually federal money that will benefit people who work for a living and vote for Republicans as much as those who habitually suckle off the government teat. Kasich is 100% right on this.


6 posted on 10/20/2013 12:31:16 AM PDT by RC one
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To: RC one
Why shouldn’t we accept the medicaid expansion funds from the federal government?

You really should do a little homework before you make a fool out of yourself like that. The money from the federal government is temporary. The promises to the welfare handout crowd last forever, like heroin addiction. As soon as the federal medicaid bait-and-switch ends (within just a few years) guess who then has to pay the full freight? That's right - - Ohio taxpayers.

7 posted on 10/20/2013 12:42:14 AM PDT by Lancey Howard
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To: Lancey Howard

I have two words for you. and that’s about it really.


8 posted on 10/20/2013 12:55:04 AM PDT by RC one
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To: Lancey Howard

and by the way, you should do a little homework yourself fool. The Ohio state tax payers never pick up the full freight of the expansion as you stated. After three years they have to pick up 10% of the cost and the fed continues to pick up the remaining 90%.


9 posted on 10/20/2013 1:27:47 AM PDT by RC one
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To: RC one

“We pay our federal taxes. Why shouldn’t we accept the medicaid expansion funds from the federal government?”

Why not ask the twenty six states not buying in.

This is a fundamental question on many levels and the first answer is when hospitals and doctors finally get the message that obama care is a killer of their fiefdom maybe there will finally be some pushback.


10 posted on 10/20/2013 1:31:49 AM PDT by wita
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To: RC one

Being a nice guy I did your homework for you. Don’t bother thanking me.
But do educate yourself so you can post more intelligently in the future. It’s for your own good.

FRegards,
LH

http://mediatrackers.org/ohio/2013/06/14/report-details-arguments-against-medicaid-expansion


11 posted on 10/20/2013 1:52:58 AM PDT by Lancey Howard
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To: wita

We have already seen what it does in Georgia. Grady hospital is losing $45 million per year in federal funding because of the ACA reimbursement changes and the decision to not expand Medicaid. Grady made a $27 million profit in 2012. Do the math. And we have pushed back. There are A LOT of Republicans in the medical community but if our hospitals start cutting staff over this, there will be a lot fewer Republicans in the medical community. It doesn’t serve Ohio’s interests to cut funding to our medical community because, let’s face it, the medical industry is one of our biggest assets. Plus this buys us three years to adapt to this Obamacare cluster****.


12 posted on 10/20/2013 2:07:32 AM PDT by RC one
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To: RC one

Plus this buys us three years to adapt to this Obamacare cluster****.

Adapting is the last thing anyone should be contemplating.

Everyone knows why hospitals and doctors are desirous of expanding Medicaid, however, twenty six states know their could be serious economic issues that could bankrupt states.

So, lets allow the medical community to be impacted negatively by obama care as intended, “you can’t lower costs in a community of high cost” without everyone in the community bearing the burden of lower costs.

Your preference is to accept the risk with no guarantees that things will turn out as advertised, and states recognizing fiscal responsibility are not willing to put it on the line in the faint hope government is not on a fast track to going broke, with forty percent of their economy being borrowed money. Hope I didn’t put words in your mouth.


13 posted on 10/20/2013 2:22:35 AM PDT by wita
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To: RC one
Plus this buys us three years to adapt to this Obamacare cluster****.

But what happens in three years when the feds stop funding 90% of the expansion costs -- and Ohio is left to pick up the full tab for the Medicaid expansion.

Further, by that time, at the rate it's going, Obamacare could be a dead letter. But try rescinding the Medicaid expansion...

14 posted on 10/20/2013 2:25:33 AM PDT by okie01 (The Mainstream Media: Ignorance On Parade)
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To: okie01
I think you're confused. The feds never stop funding 90% of the expansion costs. They continue to fund 90% of the expansion costs after three years and the tax payers and the hospitals have to come up with the remaining 10%.

If we don't expand medicaid, Hospitals get stuck picking up 100% of the cost which ultimately guarantees that the overall quality of healthcare you will receive in an Ohio Hospital will be significantly diminished. It's simple economics and I don't think I need to explain it. More than that, it may very well shut many private hospitals down and drive skilled medical professionals to other states or, worse yet, to the Ohio unemployment lines. Guaranteed it will send the less skilled hospital employees to the unemployment lines i.e. food prep, sanitation, security, laundry, etc.

15 posted on 10/20/2013 2:36:03 AM PDT by RC one
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To: wita
Adapting is the last thing anyone should be contemplating.

Yes, you're right. only fools try to adapt to change.

Everyone knows why hospitals and doctors are desirous of expanding Medicaid

Because we aren't given the luxury of refusing to provide our services to people who can't pay like a law firm or a burger joint?

You're kind of starting to sound like a jealous occupy wall street type there BTW, as if we're wrong for wanting to make a profit and stay in business. Just what is your problem with us making a profit exactly?

So, lets allow the medical community to be impacted negatively by obama care as intended,

The thing is, it won't just be us being impacted negatively. Once hospitals start going out of business and doctors and nurses pack up and leave for greener pastures, the entire state will suffer and when that happens, I promise you, the republican party will be done in Ohio. You are flirting with that reality as it is and Kasich realizes it.

16 posted on 10/20/2013 2:44:57 AM PDT by RC one
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To: Brad from Tennessee

I hope they win. I was aghast when RINO Ka-sick did this.


17 posted on 10/20/2013 3:39:33 AM PDT by SgtHooper (If at first you don't succeed, skydiving is not for you.)
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To: RC one

I am surprised that a conservative would speak like this! “Federal money”? All public money comes out of the same pockets - ours!


18 posted on 10/20/2013 4:30:28 AM PDT by BruceS
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To: erlayman

In the states rejecting expanded Medicaid governors have also cited the additional federal regulations that come with the promised funding. Some say the regulations would restrict their ability to craft Medicaid to the unique conditions in in their particular state.


19 posted on 10/20/2013 5:04:34 AM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: RC one

Why shouldn’t we accept the medicaid expansion funds from the federal government?
*************
Because at some point you have to put down the crack pipe and walk away.

This isn’t about some damn healthcare law. This is about spending.


20 posted on 10/20/2013 5:14:11 AM PDT by lafarge
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To: wita
"Why not ask the 26 states not buying in"

Because those states are bluffing in an attempt to block the exchanges. They will fold like a pancake next year.

21 posted on 10/20/2013 5:14:59 AM PDT by Ben Ficklin
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To: BruceS
First and foremost, if you are an Ohioan, it should occur to you that maybe John Kasich knows more about this issue and the impact it will have on our state than you do.

Second of all, it isn't as if we're receiving NEW federal money. We would simply be receiving the same federal money that we used to receive under the Medicare and Medicaid Disproportionate Share Payments (DSH) which were cut thanks to Obamacare under the premise that medicaid expansion would be mandatory which would offset those cuts by creating a larger pool of insured i.e. paying customers.

The supreme court said that the fed couldn't mandate medicaid expansion however so those cuts were never offset which means states and/or hospitals will be stuck picking up the costs of paying for the uninsured people which means hospitals like the Cleveland clinic have to cut $330 million out of their budget next year. The Cleveland Clinic is Ohio's premier hospital and is rated as one of the top 4 hospitals in America. That's going to change thanks to this failure to compensate for the lost DSH funding.

To make matters worse, by declining the federal money, it will just redistribute Ohio federal tax revenue to blue states that will be expanding medicaid which I find quite annoying. There's nothing good about this for Ohio as far as I'm concerned. This isn't conservative versus liberal. This is just good business.

22 posted on 10/20/2013 5:25:57 AM PDT by RC one
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To: lafarge

I will just refer you to post 22.


23 posted on 10/20/2013 5:26:47 AM PDT by RC one
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To: RC one

Lost me at “First and foremost, if you are an Ohioan, it should occur to you that maybe John Kasich knows more about this issue and the impact it will have on our state than you do.”


24 posted on 10/20/2013 5:29:17 AM PDT by lafarge
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To: lafarge

I know, there were a lot words and some somewhat tricky concepts. I shouldn’t have expected you to be able to understand it all. I’m sorry.


25 posted on 10/20/2013 5:38:22 AM PDT by RC one
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To: RC one

“We pay our federal taxes. Why shouldn’t we accept the medicaid expansion funds from the federal government?”

“We paid in” does not result in a future unending revenue stream.


26 posted on 10/20/2013 5:43:26 AM PDT by RFEngineer
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To: Brad from Tennessee; RC one; AlmaKing; erlayman; Slump Tester; Lancey Howard; wita; okie01; ...

Ohio Ping
The Health Care Freedom Amendment to the Ohio Constitution was approved by 66% of Ohio voters.

Ohio Constitution Prohibits Legislators from Enacting State Insurance Mandates

http://www.ohiolibertycoalition.org/ohio-constitution-prohibits-legislators-from-enacting-state-insurance-mandates/

“A Policymaker’s Guide to Following the Health Care Freedom Amendment“)

http://www.ohioconstitution.org/wp-content/uploads/2013/01/Health-Care-State-Mandates.pdf


27 posted on 10/20/2013 5:46:47 AM PDT by Whenifhow
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To: RC one

This is just good business.
******
Good business does not mean it is lawful. The GOP reps are suing because what Kasich did was unlawful.

From the article,
“They said Kasich’s maneuver will circumvent the “clear intent of the General Assembly,” a violation of Ohio law.”


28 posted on 10/20/2013 5:50:50 AM PDT by Whenifhow
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To: Whenifhow
I think they're suing because there's a lot of confusion among their constituencies as to just what is going on with this medicaid expansion business. They think this about welfare abuse. It's not. It's just offsetting lost federal Disproportionate Share Payments money with federal medicaid expansion reimbursement money. It's just the same old slice of the pie with a new name.

I have never seen Republicans so eager to screw over their state's business interests. They're acting like they represent a bunch of OWS supporters.

29 posted on 10/20/2013 6:50:49 AM PDT by RC one
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To: RC one

In the case of South Dakota, adding 48,000 working poor, governments words not mine, to the medicaid rolls is a really dangerous bridge to cross when payments are anything but g uaranteed. Listening to democrats wail that we are giving away two billion dollars is also a bit much to stomach when the entire economy is in a shambles. A point seemingly lost on Congress, the supreme court, and most especially the executive branch of government.

Wyoming for example has a number eligible for expansion of only 17,000 and they are far more able to shoulder the potential payments being one of the big five energy states.


30 posted on 10/20/2013 7:06:59 AM PDT by wita
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To: wita

That should be big six energy states. I forgot OK.


31 posted on 10/20/2013 7:09:41 AM PDT by wita
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To: wita; All
"In the case of South Dakota, adding 48,000 working poor, governments words not mine, to the medicaid rolls is a really dangerous bridge to cross when payments are anything but guaranteed. Listening to democrats wail that we are giving away two billion dollars is also a bit much to stomach when the entire economy is in a shambles. A point seemingly lost on Congress, the supreme court, and most especially the executive branch of government."

Pinging to follow thread...I am of two minds about this! Remembering that ALL Federal funds come from ALL of us, it may be true that what Ohio gets is not impacted by what California gets, but we are certainly still sending our dollars in, and not taking the "benefit" offered...BUT, the Fed's are trillions of dollars in debt already, and the whole idea is completely unsustainable in the long run.

There are also many side issues, such as, the cost of emergency room visits for the uninsured vs. the cost of the government providing basic care benefits...but will many doctors agree to accept low rates of Medicaid compensation?? If not, the whole plan fails.

It does occur to me that if Ohio agrees to expanding Medicaid with Federal funding (a cornerstone of 0bamacare), it might just hasten the demise of the whole ACA debacle?? Because it's not going to be sustainable, no matter how "charitable" and "just" it might seem to be...and I believe Kasich is insisting on a proviso to "back out" with no penalty if/when the Fed's inevitably renege (sic) on the promised funding...

32 posted on 10/20/2013 1:27:36 PM PDT by 88keys (I'm sorry, sir, I don't fit in a handbasket...)
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