Friday, February 8, 2019

ID Supreme Court Upholds Medicaid Expansion Initiative


The Idaho Supreme Court Voted to Uphold Proposition 2, Dismissing Legal Challenges to an Initiative that was Approved by Voters in November 2018.

Proposition 2 Expanded Medicaid Eligibility in Idaho to those Under 65 years old whose Income is at or below 133% of the Federal Poverty Level, and who are Not Eligible for Other State Insurance Coverage.

Under the Affordable Care Act (ACA), however, 5% of Income can be Excluded when Calculating Medicaid Eligibility, which means that the Measure Increased the Income Threshold to 138% of the Federal Poverty Level.

Proposition 2 was Approved last year by a Vote of 61% to 39%.

On November 21st, 2018, Brent Regan, Head of the Idaho Freedom Foundation’s Board of Directors, filed a Lawsuit in the Idaho Supreme Court seeking to Block Proposition 2. The Lawsuit stated, "In essence, Proposition 2 has delegated to the federal government for its future determination Idaho’s percentage of financial contribution and therefore Idaho’s share of the costs Idaho will be forced to pay for Medicaid expansion."

Chief Justice Roger Burdick, writing for the 3-2 Majority in Dismissing the Lawsuit, wrote, "If we were to accept Regan’s argument that any reference to a federal statute delegates lawmaking authority to the federal government, then many of Idaho’s statutes would be unconstitutional, and in fact, the option of any cooperative federal-state program would be curtailed."

Justices of the Idaho Supreme Court are Elected in Non-Partisan Elections, but Four of the Court’s Five Members were Appointed by Republican Governors prior to Standing for Election.

As of November 2018, a Total of 36 States and Washington, D.C., had Expanded or Voted to Expand Medicaid, while 14 States had Not.

Medicaid Expansion Initiatives were on the Ballot in Four States in November 2018. It was Approved in Three: Idaho, Nebraska, and Utah, and defeated in Montana.

The First ever Citizen Initiative to Expand Medicaid Coverage under the ACA was Approved in Maine in 2017.

Legislation was introduced in both the Idaho and Utah 2019 Legislative Sessions to Amend or Repeal the Medicaid Expansion Initiatives.

List of Statewide Ballot Measures related to Medicaid Expansion:

- The Montana Medicaid Expansion Initiative was Proposed for the November 4th, 2014 Ballot as an Initiated State Statute. Proponents Failed to Collect enough Signatures, and therefore it did Not Qualify for the Ballot.

- The Ohio Medicaid Expansion Initiative was Proposed for the November 4th, 2014 Ballot as an Indirect Initiated State Statute. Proponents Failed to Collect enough Signatures, and therefore it did Not Qualify for the Ballot.

- The Maine Medicaid Expansion Initiative, Question 2, was on the Ballot as an Indirect Initiated State Statute on November 7th, 2017. It was Approved. Gov. Paul LePage (R) Opposes Expanding Medicaid and has Refused to Implement the Law. On April 3rd, 2018, the State Missed the Deadline to File an Application for Medicaid Expansion with the Federal Government in Order to Secure Funding by July 2018, as Required by Question 2.

- The Missouri Medicaid Expansion Initiative was Proposed for the November 6th, 2018 Ballot as an Initiated State Statute. Proponents did Not Submit Signatures for the Initiative, therefore the Measure was Not on the Ballot.

- Oregon Measure 101 was on the Ballot in January 2018. It was a Veto Referendum Targeting the Repeal of Legislation designed to help Fund Medicaid Expansion Costs through a Tax/Assessment on Healthcare Insurance Premiums. Voters supported the Bill by Approving Measure 101.

- Idaho Proposition 2 Qualified for the Ballot as a Citizen Initiative and was Designed to Expand Medicaid Eligibility to those Under 65 years old, whose Income is 133% of the Federal Poverty Level or Below and who are Not Eligible for other State Insurance Coverage.

- The Nebraska Medicaid Expansion Initiative was on the Ballot as an Initiated State Statute on November 6th, 2018. A Total of 84,098 Valid Signatures were Required for the Measure to Qualify for the Ballot.

- Utah Proposition 3, the Medicaid Expansion Initiative, was on the Ballot as an Initiated State Statute on November 6th, 2018. Proponents of the Measure Submitted 147,280 Valid Signatures and Met Signature Thresholds in 26 of 29 State Senate Districts. Utah Voters Approved Medicaid Expansion, but State Lawmakers Are Balking.

- Montana I-185, Extend Medicaid Expansion and Increase Tobacco Taxes Initiative for 2018. It was Defeated.










NYC Wins When Everyone Can Vote! Michael H. Drucker
Digg!

No comments: