Undermining PPACA Lawsuit Efforts

It doesn’t matter what Governors or state legislators call it (health reform, ObamaCare, PPACA) or whether they even support the federal reform of health care. What does matter is that so many of them are undermining their state’s stance on the issue and don’t even realize it.

States that are participating in a lawsuit, declaring PPACA unconstitutional, should not undermine their stance by preparing or implementing a state-level health insurance exchange. The very idea of following through with an exchange diminishes the case that federal health reform is unconstitutional and therefore, should not be carried out.

Some will argue that it is better to be prepared in case PPACA is established constitutional. However, due to the extremely complicated nature of setting up exchanges and the far-reaching changes they will cause to the marketplace, great time and care should be taken. Moreover, the number of legislative hours required to investigate, debate and write up an exchange could cost tax payers millions.

Furthermore, given the enormous number of extensions the government has granted thus far in relation to health reform, many are not convinced that exchange set-up and punishment dates in 2013 and 2014, respectively, are going to hold much longer.

States such as Louisiana, Georgia, and Alaska have already had Governors declare their states will not set up exchanges, with Louisiana already returning the $1 million federal monies allocated for setting up a state exchange and Alaska refusing theirs.

Nicole Fisher

Nicole Fisher is a current PhD candidate at the University of North Carolina in the Health Policy and Management Department. She also currently writes health care policy for t...

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