State AGs oppose unfair Nebraska provision in healthcare reform legislation
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Attorneys general from South Carolina, Alabama, Colorado, Florida, Idaho, Michigan, North and South Dakota, Pennsylvania, Texas, Utah, Virginia and Washington sent a letter Dec. 30 to Senate Majority Leader Harry Reid and Speaker of the House Nancy Pelosi noting that the “Nebraska provision” is unfair since one state should not be relieved from Medicaid costs that the bill, if passed, would generate.
The attorneys general wrote that the deal--in which Neb. Senator Ben Nelson’s vote for H.R. 3590 was allegedly secured only after the decision in which the federal government would bear the cost of newly eligible Nebraska Medicaid enrollees–“is a disadvantage to the citizens of the other 49 states."
"Every state’s tax dollars, except Nebraska’s, will be devoted to cost-sharing required by the bill, and will be therefore unavailable for other essential state programs," according to the letter. "Only the citizens of Nebraska will be freed from this diminution in state resources for critical state services.”
Moreover, the authors held that the compromise could potentially make way for further claims under the due process, equal protection, privileges and immunities clauses and other provisions of the Constitution.
The Senate and House of Representatives are slated to meet in the upcoming weeks to merge their two healthcare reform bills.
Should the provision not be removed, state officials have noted “contemplation” of a lawsuit.
“We ask that Congress delete the Nebraska provision from the pending legislation, as we prefer to avoid litigation,” said the attorneys general. “Because this provision has serious implications for the country and the future of our nation’s legislative process, we urge you to take appropriate steps to protect the Constitution and the rights of the citizens of our nation.”