Utah Takes Stand Against Medicaid Expansion

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Fact Sheet – HB 391 S 1 Prohibition of Medicaid Expansion
A news conference is being held shortly to announce Utah’s response to ObamaCare: A bill to prohibit Medicaid Expansion.

The original bill, HB 391 – Nullification of the Patient Protection and Affordable Care Act, was presented to the House Business and Labor Committee. Because the bill had a constitutional note attached, Representative Jake Anderegg, expressed concern that because of that note, it would not be likely to pass out of the committee. Because he shared the concerns of the bill’s sponsor, Representative Lee Perry, Representative Jake Anderegg made a motion to substitute. The substitute bill was debated and passed out of committee by a vote of 9-6.

PPACA is not a “done deal” as some might believe. The US Supreme Court gave direction to the states to choose how they would respond to PPACA. This substitute language is derived from the U.S. Supreme Court ruling as follows:

19 Utah Code Sections Affected:
20 ENACTS:
21 63M-1-2508, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63M-1-2508 is enacted to read:
25 63M-1-2508. Nullification of optional expansion of Medicaid under federal health
________________________________________
26 care reform.
27 (1) The purpose of this section is to respond to the United States Supreme Court ruling
28 in Nat’l Federation of Business v. Sebelius, Sec’y of Health and Human Services, 132 S.Ct.
29 2566 (2012) which stated:
30 (a) “In the typical case we look to the States to defend their prerogatives by adopting
31 ‘the simple expedient of not yielding’ to federal blandishments when they do not want to
32 embrace the federal policies as their own. The States are separate and independent sovereigns.
33 Sometimes they have to act like it…’; and
34 (b) ” . . . As for the Medicaid expansion, that portion of the Affordable Care Act
35 violates the Constitution by threatening existing Medicaid funding. Congress has no authority
36 to order the States to regulate according to its instructions. Congress may offer the States
37 grants and require the States to comply with accompanying conditions, but the States must
38 have a genuine choice whether to accept the offer. The States are given no such choice in this
39 case: They must either accept a basic change in the nature of Medicaid, or risk losing all
40 Medicaid funding. The remedy for that constitutional violation is to preclude the Federal
41 Government from imposing such a sanction. . . .”.
42 (2) The Governor and the Department of Health shall not expand the state Medicaid
43 program to the optional expansion population under the Patient Protection and Affordable Care
44 Act, as permitted by the Supreme Court decision described in Subsection (1).

If Utah – or any state – agrees to Medicaid expansion under PPACA, it will face a budget and spending crisis with expenses projected to exceed the state’s largest appropriation, education, forcing spending cuts that will harm everyone, especially seniors.

Every state must take a stand to stop this egregious national health care disaster. We urge every state to follow Utah’s lead.

Supporting Organizations in Utah Include


American Leadership Fund,
Association of American Physicians and Surgeons, Citizens for Strong Families, John Birch Society, Principled Liberty Foundation, Thomas Jefferson Center, The Leadership Foundation
United Families, Utah
United Women’s Forum, Utah Eagle Forum, Utah Republican Coalition for Life.

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