Christie Herrera

1
Fighting ObamaCare at the State Level

• Christie Herrera
• Director, Health and Human Services Task Force
• American Legislative Exchange Council
• Presentation before the Galen Institute/American
  Action Forum/Institute for Policy Innovation
  Forum
• Tuesday, November 30, 2010

2
ALECs Freedom of Choice in Health Care Act

• ALEC spurred the introduction of the Freedom of
  Choice in Health Care Act in 42 states
• Six states enacted it statutorily VA, ID, AZ,
  GA, LA, MO
• Two states enacted it via constitutional
  amendment AZ, OK

• One state has an active petition initiative MS
• Serves as basis for Virginias Commonwealth v.
  Sebelius
• Virginia First state to pass with D-controlled
  chamber
• Louisiana First state to pass with D-controlled
  legislature
• Missouri 71 pulled the lever for Prop C,
  including 1 in 6 Democrat primary voters

3
More States Will Sue Over ObamaCare

• Commonwealth v. Sebelius (VA)
• Florida v. U.S. DHHS 16 AGs (FL, SC, NE, TX, UT,
  LA, AL, CO, PA, WA, ID, SD, IN, ND, AK, MI)
  four govs (MS, AZ, NV, GA)
• Kinder v. Geithner (MO)

• GOP picked up nine governor/AG seats in states
  that have not yet sued (IA, KS, ME, NM, OH, OK,
  TN, WI, WY)
• WSJ Conservative Democrat AGs in two states
  might be inclined to sue (WV, NC)
• New Jersey Only state with Republican
  governor/AG that has not yet sued

4
Legislation and Oversight in the States

• ALECs Freedom of Choice in Health Care Act
  (until 2014)
• Resolution supporting PPACAs repeal (KY)

• Moratorium on PPACA rulemaking (AZ, WI)
• Federal waivers on medical loss ratio (AK, IA,
  ME, FL, SC)
• Calls for Medicaid opt out (TX, WA, AL, SC, WY,
  NV)
• Calls for public employee opt out (TN)
• Ongoing interim committees to study PPACAs
  impact
• Involvement in the federal rulemaking/comment
  process

5
A Bold, New Health Reform Agenda

• High-Risk Health Insurance Pool Act
• Protects the medically-uninsurable and those with
  pre-existing conditions by allowing them to
  purchase affordable coverage through a high risk
  pool

• Rescission External Review Act
• Safeguards against excessive insurance company
  rescissions and provides for an independent
  review
• Avoids needless and time-consuming litigation

• Health Care Choice Act for States
• Allows people to purchase quality, affordable
  health coverage across state lines

• Health Care Tax Relief Equity Act
• Equalizes the tax treatment of health insurance
  by allowing a state income tax deduction for
  individual insurance premiums

• Patients First Medicaid Reform Act
• Establishes medical savings accounts for Medicaid
  beneficiaries, and allows them to use the
  accounts to purchase a high-deductible health
  policy and pay for out-of-pocket expenses

6
Contact Us!

• Christie Herrera
• Director, Health and Human Services Task Force
• American Legislative Exchange Council
• [phone]
• christie_at_alec.org
• http//www.alec.org