Daily Independent (Ashland, KY)


June 17, 2013

Attorneys argue over Medicaid lawsuit



But Adams responded with two arguments: first that the underlying reason for the challenge is his contention that a 1966 law which gives the administration and the Secretary of the Cabinet for Health and Family Services authority to do what is necessary to access federal Medicaid dollars is a violation of the Kentucky Constitution which prohibits the exercise of “absolute power.”

“That wasn’t (the legislature’s) power to grant,” Adams said.

“You’re saying the underlying statutory basis (for the expansion) is an unconstitutional grant of power by the legislature?” Shepherd asked and Adams answered yes.

Secondly, Adams argued that it’s disingenuous for the administration to argue its decision to expand Medicaid is not certain because information on the Health Benefits Exchange website clearly demonstrates the administration’s intention to secure federal approval for expansion.

 Shepherd summarized Hughes’ argument on that question as claiming Adams’ suit is a “pre-emptive action,” attempting to halt the expansion before it can be done and thereby create a ripe legal question.

But Adams countered there will be no real way for him to challenge the expansion once it’s in place.

“You’re saying there would be no way to un-ring the bell,” Shepherd said and again Adams answered yes.

Adams had filed a motion in response to the administration motion to dismiss the case and Shepherd gave Hughes until Friday to respond in writing.

He said after that, he will take the arguments and motions “under submission and issue a ruling as soon as possible.”

Beshear announced in May he would expand Medicaid to those who earn up to 138 percent of the federal poverty level, a provision of the ACA which seeks to create near universal health insurance coverage.

Republican state lawmakers argue Beshear cannot expand Medicaid without legislative approval but Beshear, citing the 1966 law Adams is challenging, says he has the authority to promulgate Medicaid regulations to access available federal Medicaid funds.

Text Only
Local News
Local Sports
College Basketball
CNHI News Service Originals
Featured Ads
Seasonal Content
AP Video
Ariz. Inmate Dies 2 Hours After Execution Began Crash Kills Teen Pilot Seeking World Record LeBron James Sends Apology Treat to Neighbors Raw: Funeral for Man Who Died in NYPD Custody Migrants Back in Honduras After US Deports Israeli American Reservist Torn Over Return Raw: ISS Cargo Ship Launches in Kazakhstan Six Indicted in StubHub Hacking Scheme Former NTSB Official: FAA Ban 'prudent' EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: Fight Breaks Out in Ukraine Parliament
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Newspaper National Network
SEC Zone