Vermont

ALEC News, Views and Material for Week of April 8th

ALEC News, Views and Material for Week of April 8th

News and articles relating to the American Legislative Exchange Council (ALEC) for the first week of April 2014.  Click on the headline to visit and read the full article or page where the information originates.

New developments in North Carolina and Wisconsin are forcing legislators to be more transparent regarding “model legislation” and identifying where bills originate…

Court: NC Legislators Must Reveal Documents, Purpose Behind Challenged Voting ‘Reform’

A U.S. District judge has ruled that Republican legislators in North Carolina must provide documents revealing their work in passing and implementing a radical election reform bill which, when it was passed last year, was described by opponentsas the “worse-than-anyone-would-have-ever-imagined voter suppression bill.”

Late last week, U.S. District Court Magistrate Judge Joi Elizabeth Peake issued anOrder [PDF] in which she rejected a blanket refusal by NC Republican state legislators to provide any documents that relate to the question of whether the sweeping legislation known as the Voter Information Reform Act (“VIVA” aka HB 589) amounted to nothing less than a racially-motivated attempt to deprive African-Americans of their constitutional right to vote…

…The effort is national in character because it has been concocted by Republicans along with the Koch brothers-funded, Paul Weyrich co-foundedAmerican Legislative Exchange Council (ALEC), an organization of rightwing legislators and corporations seeking to pass “model legislation” on issues from election reform to so-called “stand your ground” gun laws to other so-called “free-market” initiatives.

The speed with which the NC GOP was able to ram through what the NAACP described as an “armada of amendments” to VIVA would surprise only those who are unfamiliar with the ALEC scheme to privatize the legislative process; secretly drafting, delivering and, in those states where the GOP maintains a legislative majority, passing ALEC-model bills, such as polling place Photo ID restrictions, all without any meaningful public debate.

Similar bills have been introduced in various state legislatures by one or more of some 2,000 ALEC legislative members. It seemed little coincidence that NC’s state Sen. Tom Apodaca (R), who, within hours of the U.S. Supreme Court’s decision in Shelby County announced, “Now we can go with the full bill,” just happens to be a legislative member of ALEC.

“Before the bills are publicly introduced in state legislatures by ALEC politicians or alumni in the governor’s offices,” according to Lisa Graves, whose Center for Media and Democracy obtained copies of more than 800 ALEC model bills, “they will be cleansed of any reference to the secret corporate voting or who really wrote them.” 

More lawmakers pushing identical bills written by national groups

Arizona lawmakers introduced six bills this session seeking a U.S. constitutional amendment to impose new fiscal restraints on the federal government.

The bills mirror measures introduced in legislatures across the country and are nearly identical to model legislation written by the conservative, corporate-backed American Legislative Exchange Council.

The five Republican lawmakers who introduced the bills in Arizona all attended the group’s conferences over the past year.

Across the nation, state legislatures this year have been considering bills to expand education choices, restrict union influence and guarantee employees sick time off. In state after state, including Arizona, the wording of those bills is nearly identical. And it’s no coincidence.

Rather, it’s an orchestrated use of “model legislation” by national political organizations on both sides of the aisle that have discovered it’s easier to change national policy one state at a time than to get anything through Congress.

ALEC has been the most successful of these groups. Member lawmakers nationwide, including several in Arizona, introduce more than a hundred pieces of model legislation each year…

The Republican ‘Great White Hope:’ Manipulating Election Laws

Across the land, Republican state legislators have shouted “voter fraud, voter fraud” to justify various schemes to restrict voting. Legislative actions, written by the corporate-funded American Legislative Exchange Council (ALEC), are intended to hamper African-American and Latino voting. Legislators have all but said that they can smell the Rio Grande on new voters. But they “cry wolf” and have created a public understanding that in no way reflects reality. In short, voting restrictions are the very fraud.

The disputed Bush-Gore election of 2000 galvanized Republicans, keenly aware how America’s unfolding demographics threatened to make them a permanent minority national party, overwhelmed by emergent, enlarging blocs of ethnic and racial groups. Since then, we have been victimized by carefully-calibrated public relations campaigns alleging that loyal, upstanding, law-abiding Americans are being negated by voter corruption. It is not true.

Make no mistake: This is a Republican, corporate-funded effort to exclude American citizens from the voting process…

ALEC, heavily funded by the Koch brothers and like-minded allies, has designed the legislation to restrict voting, and circulated their draft bills around the nation, which their members, essentially well-financed Republican state legislators, eagerly adopt as their own. Republicans are blatantly trying to limit the electorate and rig elections. They have actively, enthusiastically launched the fray with an unrestrained prattle of fraud.

Paul Weyrich, a leader of numerous conservative causes and a founder of ALEC,minced no words more than 30 years ago: “I don’t want everybody to vote. Elections are not won by a majority of people. They never have been from the beginning of our country, and they are not now. As a matter of fact our leverage in the elections quite candidly goes up as the voting populace goes down.

Weyrich and his clients would not rely on voter apathy, indifference or ignorance to ensure low voter turnout. Enter the handle of “voter fraud” to justify legislation to prevent the “unwashed” from voting. Ideologically-driven mandates have little affinity for the truth. Voter ID laws are reminiscent of legislation enacted in the late 19th century by elites increasingly concerned by the emergence of new voters. Read working class immigrants from Eastern or Southern Europe, different in language, religion and class than most Americans. At the same time, southern states enacted Jim Crow laws which denied suffrage to former slaves, who, under the terms of the 14th Amendment nevertheless were citizens of the United States. The nation remained largely white, rural and Protestant for another half century…

Will There Be a Happy Ending to Ohio’s Close Brush with a Rightwing Fantasy? 

Three years ago, on March 31, 2011, the Republican-dominated Ohio legislature passed Senate Bill 5 in the face of overwhelming public protests. That evening Gov. John Kasich had a celebratory signing ceremony covered by statewide television. Senate Bill 5, derived mainly from the right-wing American Legislative Exchange Council (ALEC), was designed to crush public unions across the state.

Championed by Gov. Kasich, SB 5 was the centerpiece of his legislative agenda, and was defended as necessary to close a $6 billion budget gap. Proponents inaccurately blamed public workers for the deficit when, in fact, it was produced by years of irresponsible income tax cuts imposed on the state combined with the recessions. Since 2005, the income tax had been slashed by 31 percent. The crisis atmosphere was exploited by the Republican Party to try to impose extreme ideological positions on Ohio that in ordinary times Ohioans would not accept…

ALEC Loses Wisconsin Open Records Law Fight

MADISON, Wis. – Republican State Sen. Leah Vukmir of Wauwatosa has settled a lawsuit brought by the Madison-based Center for Media and Democracy regarding emails involving her work with ALEC, the conservative American Legislative Exchange Council.

The messages contained a disclaimer that the content was not subject to Wisconsin’s Open Records law.

Vukmir, who paid a $15,000 settlement in the case, also acknowledged that the ALEC email disclaimer had no force of law.

Brendan Fischer, general counsel for the Center for Media and Democracy (CMD), says ALEC’s efforts to avoid Wisconsin’s Open Records law have not been successful.

“We’ve had strong commitment to open and transparent government, and one of the best ways you can maintain a transparent and accountable government is through the Open Records law,” he stresses. “So, we would hope that all legislators, all elected officials from both parties would give the Open Records law the proper amount of respect.”

Vukmir also has agreed to release other emails about ALEC business from her private email account…

Our View: Lawmakers Dance While ALEC Pulls the Strings

An ag-gag in Kentucky, guns on campus in Georgia, protection for businesses that want to deny service to gays in Kansas; sound familiar? You can thank the American Legislative Exchange Council’s one-size-fits-all bills that are gutting local control.

ALEC is the clearinghouse for conservative ideas, a highly secretive non-profit that puts big business and state lawmakers together to draft model legislation in an effort to undermine regulation, cut taxes and advance other often far-right agendas, all while avoiding the very disclosure of its members. It’s the spoke in the wheel of dozens of conservative organizations that’s weakening the very purpose of the states, especially in Republican-dominated regions. Grassroots state governance and local control has been replaced with confidential meetings with big-money backers. America’s red states are becoming little more than chimeric twins, absorbed by their more powerful plutocratic siblings.

State. Sen. Jim Patrick told us this week that ALEC had nothing to do with the controversial ag-gag legislation he pushed through this year. But Patrick is the ALEC’s state chairman, says internal documents acquired by Sourcewatch.org. The Kentucky state Senate’s Agriculture Committee quietly slid an ag-gag of its own into legislation passed by the lower House designed to protect animals from abuse. Four members of that committee are also ALEC members, according to documents leaked to various news outlets. Coincidence? We don’t think so…

New Law Saddles Kentuckians with Big Electricity Bills; Aims to Block Benefits of Fighting Climate Change

NRDC: Carbon Copy Efforts by Shadow Group ALEC Rebuffed in Other Statehouses

WASHINGTON–(ENEWSPF)–April 3 – A new Kentucky law approved late yesterday will raise Kentuckians’ electricity bills. This bill mirrors efforts that big polluters and the American Legislative Exchange Council (ALEC) have unsuccessfully pushed in other states to undermine upcoming federal standards reducing carbon pollution from dirty power plants—the key driver of climate change.

David Doniger, director of the Climate and Clean Air Program at the Natural Resources Defense Council, issued this statement:

“This misguided measure will saddle Kentuckians with higher electricity bills while padding the profits of the state’s biggest polluters. It will also make it harder for the state to increase energy efficiency and switch to cleaner, lower cost energy.

“Coal companies and their political backers want to lock Kentucky into the most expensive way of curbing power plants’ dangerous carbon pollution. Their ultimate agenda is to block every effort to cut the pollution driving the worst impacts of climate change.

“Luckily for consumers elsewhere, ALEC and big polluters haven’t been successful: Lawmakers in Virginia and Florida blocked the polluters’ bills. And cooler heads prevailed in Kansas and even in coal-dominated West Virginia, where legislatures instead passed bills that allow state officials to write carbon reduction plans that will meet the nation’s clean air laws…”

Vermont expands solar net metering, gives finger to ALEC

Bad news for the polluter-fundedAmerican Legislative Exchange Council, but wonderful news for the planet.

In 2012 and 2013, ALEC tried to roll back states’ renewable energy standards, and failed. Now it’s trying to roll back solar net-metering programs, which let homeowners sell electricity from their rooftop panels into the grid, and that campaign isn’t going so well either.

Case in point: In Vermont, Gov. Peter Shumlin (D) just signed a bill that will expand the state’s net-metering program, allowing solar panel owners to sell more of their clean electricity into the grid.

The bill will nearly quadruple the size of a cap on the amount of solar power that utilities must be willing to buy from their customers. It also creates pilot projects that could allow for solar projects as large as 5 megawatts to be built under the scheme…

Voice of the People, Apr. 03

Analyzing the state of our state

The March 30 editorial “How Illinois ranks in the U.S. on key indicators; A state of distress” paints a very disheartening picture of our state.

And in many respects, the problems it points out are real.

However, when one looks at where some of the rankings that are assigned come from, one would be well-advised to take them with more than a grain of salt.

Four of the rankings come from the American Legislative Exchange Council, a supposed non-profit that has been exposed by Bill Moyers and by the Center for Media and Democracy as one of the most influential conservative corporate-funded lobbying tools, working to increase corporate profits at public expense.

ALEC was the driving force behind the Stand Your Ground laws and the voter ID restriction laws.

ALEC not only lobbies but actually allows corporations to draft bills that they then hand to legislators to be introduced in state legislatures.

After their backroom dealings were exposed, more than 70 corporations withdrew from ALEC in 2012 and 2013.

I do not think Illinois should care what ALEC thinks of our state.

Coal-reliant states readying for EPA power plant rules

WASHINGTON – Long before the Obama administration promised sweeping rules to limit pollution from power plants, states in the crosshairs of what critics call a “war on coal” have been finding ways to meet the expected new standards.

President Barack Obama last June directed the Environmental Protection Agency to propose national standards to lower carbon emissions from the more than 1,000 U.S. power plants, a centerpiece of his national climate strategy.

On Tuesday those plans moved a step closer to reality when EPA’s proposed rule arrived at the White House for review by the Office of Management and Budget, which is expected to evaluate the proposal by June 1…

…Local lawmakers in Kentucky and several other states, some with close ties to the coal industry, are considering bills or resolutions that would make it harder for states to comply with new EPA rules or would block compliance altogether.

Some of the bills follow legislative templates introduced by the American Legislative Exchange Council (ALEC), a lobbying group that focuses on limited government. Arizona, Florida, Ohio, Illinois and West Virginia are considering such actions. 

“Although ALEC resolutions will not change state law, ALEC and its industry supporters are hoping these resolutions will discourage governors and impede EPA action,” said Aliya Haq, who tracks such bills as special projects director with the Natural Resources Defense Council, an environmental group…

RNC Calls Upon ALEC to Dismantle Campaign Finance Reform

 

The powerful right-wing organization, the American Legislative Exchange Council (ALEC) has long claimed that it “respects diversity of thought” and that it is a “non-partisan policy resource for its members,” Democrats and Republicans alike.  Indeed, in a television interview with FOX news, an ALEC spokesperson once stated, “we have legislators of all political stripes coming together to talk about the most critical issues facing the states,” and adamantly defended the non-partisan nature of the organization.

It does not take much examination of ALEC policies, funders, or public-sector membership rolls to put these claims into true perspective. ALEC’ s right wing policies are so extreme that over 43 corporations – from Wal-Mart to General Electric – havecut ties with the organization.  As documented by the Center For Media and Democracy, more than 99% of ALEC’s public sector leaders are Republican lawmakers.  And a quick perusal of ALEC funding reveals that the same funders who back the network are also major sponsors of many Republican initiatives.

Yet what may be the most telling evidence of ALEC’s ties to the GOP emerged just this morning. Today, the Republican National Committee (RNC) released its wide-ranging “autopsy” report in response to the party’s disastrous 2012 elections. The report, entitled “Growth and Opportunity Project,” outlines a variety of policy recommendations including, among other base ideas, abolishing campaign spending regulations and contribution limits. In the report, the RNC specifically calls on ALEC to help develop and implement model legislation to “improve” these campaign finance laws.

The RNC places ALEC alongside the Republican State Leadership Committee (RSLC)  and the RNC as an organization that is well-suited to “improve” campaign finance laws and propagate them nationwide:

The RNC has called upon ALEC to do its bidding because it knows that ALEC is 100% in support of its anti-democratic agenda.  Beyond pushing for Voter ID laws and adopting restrictive registration requirements – like the registration requirements that ALEC adopted years ago as model policy and that today are being argued over in the Supreme Court – ALEC has a history of opposing campaign finance reform.  The organization has consistently opposed public financing of elections and even issued a resolution in favor of the Supreme Court’s disastrous 2010 Citizens United decision…

Tennessee is a political test tube for Koch brothers

By the time this session of the Tennessee General Assembly comes to an end, Tennesseans understandably should feel a little like the animals used in laboratory experiments — at least the ones that survive.

Our state, thanks to the dominance of a single political party, has been selected for a series of not-so-scientific experiments. The objective? Whatever Charles and David Koch want it to be.

The billionaire Kochs do not live in Tennessee and never have. That is not important, as they, through their group Americans For Prosperity (AFP), and the American Legislative Exchange Council (ALEC), also not Tennessee-based, are increasingly deciding what laws the General Assembly should impose on the people of our state…

…The force of the Kochs came down last week when the Tennessee Senate voted to stop Nashville’s Amp project. Stop­Amp.org Inc. publicly thanked AFP for its help. Regardless of what you think of the pricey and controversial bus rapid-transit project, such out-of-state interference is troubling, because it supersedes local knowledge and authority on either side of the issue.

Apparently, there is more to come. AFP’s state director, Andrew Ogles, says that “Tennessee is a great state to pass model legislation that can be leveraged in other states.” Such words give no assurance these organizations care whether the laws that are passed help or hurt Tennesseans. They just need an easy “win” so that they can boost their influence against elected officials elsewhere…

Where Each State Stands on Medicaid Expansion

Where Each State Stands on Medicaid Expansion

The Supreme Court’s ruling on the Affordable Care Act (ACA) allowed states to opt out of the law’s Medicaid expansion, leaving each state’s decision to participate in the hands of the nation’s governors and state leaders.

A roundup of what each state’s leadership has said about their Medicaid plans

February 27, 2013 Text last updated on Feb. 26, 2013, at 3:45 p.m. ETmedicaid_map

For an interactive map where you can hover your cursor over a state to see the policy of the state, please click here.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Supreme Court’s ruling on the Affordable Care Act (ACA) allowed states to opt out of the law’s Medicaid expansion, leaving each state’s decision to participate in the hands of the nation’s governors and state leaders.

Based on lawmakers’ statements, press releases, and media coverage, the Daily Briefing and American Health Line editorial teams have rounded up where each state currently stands on the expansion.

NOT PARTICIPATING (14 states)

  • Alabama*: Gov. Robert Bentley (R) on Nov. 13 announced that Alabama will not participate in the Medicaid expansion “because we simply cannot afford it” (Gadsden Times, 11/13; Lyman, Montgomery Advertiser, 11/13).
  • Georgia*: Gov. Nathan Deal (R) in an Atlanta Journal-Constitution/Politico/11 Alive interview on Aug. 28 said, “No, I do not have any intentions of expanding Medicaid,” adding, “I think that is something our state cannot afford.” When asked about the insurance exchanges, Deal said “we do have a time frame for making the decision on that I think, especially on the exchanges,” adding that “we have just a few days after the election in order to make a final determination on that” (Wingfield, “Kyle Wingfield,” Atlanta Journal-Constitution, 8/28).
  • Idaho*: Gov. C.L. Otter (R) in his 2013 State of the State address delivered on Jan. 7 said that while “there is broad agreement that the existing Medicaid program is broken,” the state “face[s] no immediate federal deadline” to address the situation. He added, “We have time to do this right … [s]o I’m seeking no expansion of” the program. Otter said he’s instructed the state Health and Welfare director to “flesh out a plan” that focuses on potential costs, savings and economic impact, which he plans to introduce in 2014 (Ritter Saunders, Boise State Public Radio, 1/7; Young, Huffington Post, 1/7; Petcash, KTVB, 1/7).
  • Iowa*: Gov. Terry Branstad (R) on Feb. 23 said that he has informed HHS Secretary Kathleen Sebelius that he will not expand Medicaid in Iowa because of concerns that the expansion “will either collapse or the burden will be pushed onto the states in a very significant way.” Instead, Branstad pressed Sebelius for a federal waiver to continue IowaCare, a health care program that provides limited benefits to 70,000 low-income state residents (AP/Modern Healthcare, 2/24).
  • Louisiana*: Gov. Bobby Jindal (R) in an NBC “Meet the Press” interview on July 1 said, “Every governor’s got two critical decisions to make. One is do we set up these exchanges? And, secondly, do we expand Medicaid? And, no, in Louisiana, we’re not doing either one of those things.” However, state Sen. Karen Carter Peterson (D) and other Democratic leaders after the Nov. 6 election urged Jindal to reconsider his opposition or the state will not be forced to accept a “one-size-fits-all” plan, CBC News “Money Watch” reports (Barrow, New Orleans Times-Picayune, 7/2; “Money Watch,” CBS News, 11/9).
  • Maine*: Gov. Paul LePage (R) on Nov. 16 said that Maine will not participate in the Medicaid expansion. He called the expansion and the state-based insurance exchanges a “degradation of our nation’s premier health care system” (Mistler, Kennebec Journal, 11/16).
  • Mississippi*: Gov. Phil Bryant (R) on Nov. 7 said Mississippi will not participate in the Medicaid expansion, reiterating previous statements that he had made about the ACA provision (Pender/Hall, Jackson Clarion-Ledger, 11/7).
  • North Carolina: Gov. Pat McCrory (R) on Feb. 12 announced that his state will not expand Medicaid or establish its own health insurance marketplace under the Affordable Care Act. McCrory said state officials conducted a comprehensive analysis to determine the advantages and disadvantages of expanding Medicaid and the right type of exchange option in the state, and concluded that it is “abundantly clear that North Carolina is not ready to expand the Medicaid system and that we should utilize a federal exchange.” He said the review included discussions with other governors, White House officials, health care providers, and leaders in the state Legislature (AP/Myrtle Beach Sun News, 2/12; Binker/Burns, “@NCCapitol,” WRAL, 2/12; Cornatzer, Raleigh News & Observer, 2/12).
  • Oklahoma: Gov. Mary Fallin (R) on Nov. 19 said Oklahoma will not participate in the Medicaid expansion. “Oklahoma will not be participating in the Obama Administration’s proposed expansion of Medicaid,” she said in a statement. She noted that the program would cost the state as much as $475 million over the next eight years (Greene, Tulsa World, 11/19).
  • Pennsylvania*: Gov. Tom Corbett (R) on Feb. 5 sent a letter to HHS saying he “cannot recommend a dramatic Medicaid expansion” in Pennsylvania because “it would be financially unsustainable for Pennsylvania taxpayers.” He noted that the expansion would necessitate “a large tax increase on Pennsylvania families” (Tolland, Pittsburgh Post-Gazette, 2/5).
  • South Carolina*: Gov. Nikki Haley (R) on July 1 announced via Facebook that South Carolina “will NOT expand Medicaid, or participate in any health exchanges.” The state Legislature is expected to make a decision on the Medicaid expansion during the 2013 session (Gov. Haley Facebook page, 7/1; Holleman, Columbia State, 11/9).
  • South Dakota: Gov. Dennis Daugaard (R) in his annual budget address on Dec. 4 said he does not plan to participate in the Medicaid expansion. “I really think it would be premature to expand this year,” he said, adding that he hoped for more flexibility for the state program (Montgomery, Sioux Falls Argus Leader, 12/4).
  • Texas*: Gov. Rick Perry (R) in a statement on July 9 said, “If anyone was in doubt, we in Texas have no intention to implement so-called state exchanges or to expand Medicaid under ObamaCare.” Perry also sent a letter to HHS Secretary Kathleen Sebelius on July 9 asserting this position. The Dallas Morning News reported that on Nov. 8, Perry reiterated his opposition to the expansion, saying, “Nothing changes from our perspective” (Office of Gov. Perry release, 7/9; Gov. Perry letter, 7/9; Garrett, Dallas Morning News, 11/11).
  • Wisconsin*: Gov. Scott Walker (R) on Feb. 13 announced his rejection of the Medicaid expansion. He proposed an alternative plan that would expand coverage to low-income state residents through private health care exchanges (Spicuzza, Wisconsin State Journal, 2/13).

LEANING TOWARD NOT PARTICIPATING (2 states)

  • Nebraska*: Gov. Dave Heineman (R) in a statement on his website on June 28 said, “As I have said repeatedly, if this unfunded Medicaid expansion is implemented, state aid to education and funding for the University of Nebraska will be cut or taxes will be increased. If some state senators want to increase taxes or cut education funding, I will oppose them.” Heineman on July 11 sent a letter to state lawmakers saying the state could not afford the expansion, but he stopped short of saying that the state will not participate in the expansion, according to Reuters (Office of Gov. Heineman release, 6/28; Wisniewski, Reuters, 7/11).
  • Wyoming*: Gov. Matt Mead (R) on Nov. 30 recommended that Wyoming not participate in the Medicaid expansion, but added that his position could change in the future and urged “everyone to keep an open mind on this.” The state legislature will make the final decision on whether to expand the program, the AP/Jackson Hole Daily reports (Brown, Wyoming Tribune Eagle, 12/1; Graham, AP/Jackson Hole Daily, 12/1).

LEANING TOWARD PARTICIPATING (4 states)

  • Kentucky: Gov. Steve Beshear (D) when asked about the expansion in July said, “If there is a way that we can afford that will get more coverage for more Kentuckians, I’m for it.” However, state lawmakers are putting pressure on Beshear to reject the expansion (Office of Gov. Beshear release, 6/28; AP/Evansville Courier & Press, 6/28; AP/Evansville Courier & Press, 7/17; Autry, WYU, 7/5; Cross, Louisville Courier-Journal, 6/29).
  • New York: Gov. Andrew Cuomo (D) in a statement on his website on June 28 said he was “pleased the Supreme Court upheld the [ACA]” and looks forward “to continuing to work together with the Obama administration to ensure accessible, quality care for all New Yorkers.” On July 26, Danielle Holahan—project director for New York’s health insurance exchange planning—said the state “largely meet[s] the federal required Medicaid levels already.” Although Cuomo’s office has not officially announced a decision, the Associated Press reported on Nov. 13 that New York will expand Medicaid (Office Gov. Cuomo release, 6/28; Grant, North Country Public Radio, 7/27; Delli Santi/Mulvihill, AP/San Francisco Chronicle, 11/13).
  • Oregon: Gov. John Kitzhaber (D) said on June 28 that he is confident that the Oregon Legislature will approve a state Medicaid decision. In an interview with the Oregonian just hours after the Supreme Court issued its ruling on the ACA, Kitzhaber said, “We’ll make a decision on whether or not to expand the Medicaid program really based on, I think, the resources we have available in the general fund for that purpose going forward” (Budnick, Oregonian, 6/28).
  • Virginia: The House of Delegates and Senate on Feb. 23 amended the state budget to include the ability to expand the state’s Medicaid program. According to the Richmond Times-Dispatch, the move gives “a green light” to talks between state and federal officials over flexibility in the Medicaid program. Although Medicaid expansion supporters have hailed the legislative action as a victory, Gov. Bob McDonnell (R) on Feb. 23 said, “As long as I’m governor, there’s not going to be any Medicaid expansion unless there is sustainable, long-lasting, cost-saving reforms” (Martz, Richmond Times-Dispatch, 2/24).

PARTICIPATING (24 states and the District of Columbia)

  • Arizona*: Gov. Jan Brewer (R) in her 2013 State of the State speech, delivered on Jan. 14, announced that Arizona will participate in the Medicaid expansion, which would extend health care services to an estimated 300,000 more state residents. Brewer noted that the expansion plan will “include a circuit-breaker that automatically” would reduce enrollment if federal reimbursement rates decrease. Brewer was expected to offer further details of the plan in her budget proposal, which is subject to approval by the Republican-controlled Legislature (Christie, AP/Sacramento Bee, 1/14; Sanders/Wingett Sanchez, Arizona Republic, 1/14; Fischer, Sierra Vista Herald, 1/14; Safier, Tucson Citizen, 1/14).
  • Arkansas: Gov. Mike Beebe (D) on Sept. 11 said he planned to participate in the Medicaid expansion, the Associated Press reports. According to the AP, Beebe agreed to participate in the expansion after officials assured him the state could opt out later if it faces a financial crunch. Beebe said, “I’m for it. I think it’s good for our people because it’s helping folks that don’t have insurance now that are working their tails off. They’re not sitting on a couch somewhere asking for something” (Brantley, Arkansas Times, 9/11).
  • California: Gov. Jerry Brown (D) in a statement on June 28 said the Supreme Court’s ruling “removes the last roadblock to fulfilling President Obama’s historic plan to bring health care to millions of uninsured citizens.” California got a head start on expanding its Medicaid program in November 2010 with its “Bridge to Reform” program, which aimed to bring at least two million uninsured Californians into Medicaid (Office of Gov. Brown release, 6/28; DeBord, “KPCC News,” KPCC, 6/28).
  • Colorado*: Gov. John Hickenlooper (D) on Jan. 3 announced that his state will participate in the expansion. In a news release, his office said the move would extend Medicaid coverage to about 160,000 low-income residents and save Colorado an estimated $280 million over 10 years without affecting the state’s general fund (Stokols, KDVR, 1/3; Wyatt, AP/Denver Post, 1/3).
  • Connecticut: Gov. Dannel Malloy (D) was among the first governors to sign up for the Medicaid expansion after the ACA was enacted in March 2010. Soon after the Supreme Court ruling on June 28, Malloy said “it’s great … [and a] very important decision for the people of Connecticut. 500,000 people would have lost coverage if Republicans had their way” (Davis, WTNH, 6/28).
  • Delaware: Gov. Jack Markell (D) in a statement on June 28 said, “The Supreme Court’s ruling enables Delaware to continue to implement provisions of the Patient Protection and Affordable Care Act to provide access to health care benefits for Delawareans.” He added, “On the Medicaid front, Delaware already voluntarily expanded the state’s Medicaid coverage program in 1996 to cover many Delawareans not previously covered” (Office of Gov. Markell release, 6/28).
  • District of Columbia: D.C. Mayor Vincent Gray (D) in a statement on June 28 said, “The District is not at risk of losing any Medicaid funding as a result of this ruling, because District officials have already begun implementation of the ACA’s Medicaid-expansion provisions and will continue to implement the expansion” (Executive Office of the Mayor release, 6/28).
  • Florida*: Gov. Rick Scott (R) on Feb. 20 announced that the state will participate in the ACA’s Medicaid expansion, citing HHS’s conditional support for a waiver to shift most of the state’s Medicaid beneficiaries into a managed-care program. However, Scott said that Florida would only participate in the expansion for three years before reevaluating the decision. Supporters of the ACA heralded Florida’s shift as a major reversal; Scott mounted his successful campaign for governor in 2010, in part, by being one of the nation’s foremost critics of President Obama’s planned health reforms (Kennedy/Fineout, Associated Press, 2/20; Office of Gov. Scott release, 2/20).
  • Hawaii: Gov. Neil Abercrombie (D) in a statement on June 28 welcomed the Supreme Court’s ruling and said the ACA “is our ally” in the effort to “support a health care system that ensures high quality, safety and sustainable costs.” Pat McManaman, director of the state Department of Human Services, said Hawaii’s Medicaid eligibility requirements in July would fall in line with the law’ guidelines, meaning an additional 24,000 people will be eligible for the program by 2014 (Office of Gov. Abercrombie release, 6/28; Garcia, AP/CBS News, 6/29).
  • Illinois: Gov. Pat Quinn (D) on June 28 praised the court’s decision and said he “will continue to work with President Obama to help working families get the healthcare coverage they need,” including expanding Medicaid (Office of the Governor release, 6/28; Thomason, Rock River Times, 7/3; Ehley, Fiscal Times, 8/20).
  • Maryland: Gov. Martin O’Malley (D) in a statement on June 28 said the Supreme Court’s decision “gives considerable momentum to our health care reform efforts here in Maryland,” adding that the state will move forward to implement the overhaul (Office of the Governor release, 6/28).
  • Massachusetts: Gov. Deval Patrick (D) in late June said Massachusetts is “an early expansion state as you know and we’re expecting further resources from the federal government to sustain the experiment here in Massachusetts.” Patrick called the ruling “good news for us” (Walker, YNN, 6/28).
  • Michigan*: Gov. Rick Snyder (R), in a statement released on Feb. 6, announced that his fiscal year 2014 budget proposal includes a plan to expand the state’s Medicaid program under the Affordable Care Act. The plan would extend Medicaid benefits to about 320,000 eligible residents. Snyder said the plan contains safeguards that will ensure the financial stability of the program and protect against changes in the government’s financial commitment to the expansion (Office of Gov. Snyder release, 2/6).
  • Minnesota: Gov. Mark Dayton (D) said in a statement on June 28 said, “Today’s ruling will be met with relief by the Minnesotans whose lives have already been improved by this law.” Dayton in 2011 used federal money to expand Medicaid early to 84,000 adults with annual incomes below $8,400 (Lohn, AP/San Francisco Chronicle, 6/28).
  • Missouri: Gov. Jay Nixon (D) on Nov. 29 announced that Missouri will participate in the Medicaid expansion. Nixon said he will include the expansion in the state budget proposal he submits to lawmakers. “We’re not going to let politics get in the way of doing the best thing for our state,” he said (Crisp, “Political Fix,” St. Louis Post-Dispatch, 11/29).
  • Montana: Gov.-elect Steve Bullock (D) — who takes office on Jan. 7 — on Jan. 4 announced several changes to outgoing Gov. Brian Schweitzer’s (D) two-year budget recommendations, but retained the proposal to expand Medicaid. During a news conference, Bullock said the Medicaid expansion is part of his “Access Health Montana” plan to increase health care coverage for more Montana families. (Johnson, Billings Gazette, 1/5; Johnson, Montana Standard, 1/5).
  • Nevada*: Gov. Brian Sandoval (R) on Dec. 11 announced that the state will participate in the Medicaid expansion. “Though I have never liked the Affordable Care Act because of the individual mandate it places on citizens, the increased burden on businesses and concerns about access to health care, the law has been upheld by the Supreme Court,” Sandoval said in a statement, adding, “As such, I am forced to accept it as today’s reality and I have decided to expand Nevada’s Medicaid coverage” (Damon, Las Vegas Sun, 12/11).
  • New Jersey: Gov. Chris Christie (R) in his Feb. 26 budget address announced that New Jersey will participate in the Medicaid expansion. The ACA provision is expected to extended Medicaid coverage to about 300,000 uninsured New Jersey residents (Delli Santi, AP/San Francisco Chronicle, 2/26).
  • New Hampshire: Gov. Maggie Hassan (D) in her Feb. 14 budget address said that New Hampshire will opt into the ACA’s Medicaid expansion because “it’s a good deal…[that will] allow us to save money in existing state programs, while increasing state revenues.” A state report estimates that the expansion will cost New Hampshire about $85 million through 2020, but will bring in $2.5 billion in federal funds and help reduce the number of uninsured residents from roughly 170,000 to 71,000 (Ramer, AP/Seacoastonline.com, 2/14)
  • New Mexico: Gov. Susana Martinez (R) on Jan. 9 announced that her state will participate in the Medicaid expansion, which potentially could extend health coverage to nearly 170,000 additional low-income uninsured residents. Martinez noted that contingency measures will be established if federal funding for the expansion diminishes, which would mean scaling back the expansion by dropping newly covered beneficiaries from the Medicaid rolls (Massey/Montoya Bryan, AP/Santa Fe New Mexican, 1/9; Schirtzinger, Santa Fe Reporter, 1/9; Reichbach, New Mexico Telegram, 1/9).
  • North Dakota*: Gov. Jack Dalrymple (R) in January said the politics associated with the ACA should not prevent North Dakota from participating in the Medicaid expansion. He is supporting a bill that would allow the state health department to access federal funds allocated through the ACA. Dalrymple also said he will include the expansion in his budget proposal and that members of his staff will testify in favor of the expansion before state lawmakers (Jerke, Grand Forks Herald, 1/12).
  • Ohio*: Gov. John Kasich (R) on Feb. 4 announced that the state will be participating in the Medicaid expansion, the Cleveland Plain Dealer reports. He made the announcement in his two-year budget announcement, but warned that Ohio would “reverse this decision” if the federal government does not provide the funds it has pledged to the expansion (Tribble, Cleveland Plain Dealer, 2/4).
  • Rhode Island: Gov. Lincoln Chaffee (I) in a statement on his website on June 28 said, “I have fully committed to ensuring Rhode Island is a national leader in implementing health reform whatever the Supreme Court decision, and this just reinforces that commitment.” According to Steven Costantino, the state’s secretary of health and human services, “The expansion is easy to do and makes sense.” Moreover, on July 12, USA Today reported that Chaffee planned to participate in the expansion (Chaffee statement, 6/28; Wolf, USA Today, 7/12; Radnofsky et al., Wall Street Journal, 7/2).
  • Vermont: Gov. Peter Shumlin (D) on June 28 said Vermont’s Medicaid program already meets the requirements under the health reform law’s Medicaid expansion (Steimle, WCAX, 7/1).
  • Washington*: In an email responding to a query by American Health Line, Karina Shagren—a deputy communications director in Gov. Chris Gregoire’s (D) administration—in early July said “the governor supports the Medicaid expansion—and Washington will move forward.” U.S. Rep. Jay Inslee (D)—who supports the expansion—was elected governor on Nov. 6 (Shagren email, 7/5; Washington Secretary of State website, 11/12).

UNDECIDED/NO COMMENT (6 states)

  • Alaska*: Gov. Sean Parnell (R) on Aug. 8 said he is guarded on the expansion “because our history with the federal government right now is they cut what they promise to fund.” Parnell said he wants to thoroughly understand the costs to the state before making a decision (Bohrer, AP/San Francisco Chronicle, 8/8).
  • Indiana*: Gov. Mitch Daniels (R) in a statement on June 29 said, “Any decision to expand Medicaid in 2014 is entirely the province of the next General Assembly and governor.” U.S. Rep. Mike Pence (R) was elected governor on Nov. 6. In a position statement earlier this year, Pence noted that the Medicaid expansion would double “down on an already broken and unaffordable Medicaid system.” Addressing the Affordable Care Act as a whole, he wrote, “I believe the State of Indiana should take no part in this deeply flawed healthcare bureaucracy” (Office of Gov. Daniels release, 6/29; Pence letter).
  • Kansas*: Gov. Sam Brownback (R), who has been a vocal opponent of the Affordable Care Act, has not stated whether to opt in or out of the Medicaid expansion, the Associated Press reported on Nov. 9 (AP/NECN, 11/9).
  • Tennessee: Gov. Bill Haslam (R) has not decided whether Tennessee will participate in the Medicaid expansion. However, two lawmakers—Sen. Brian Kelsey (R) and Rep. Jeremy Durham (R)—already have committed to introducing legislation that would block expansion, and the state’s new Republican supermajority in the General Assembly means such a bill could pass (Bohs, “Bohs Column,” The Jackson Sun, 11/9).
  • Utah*: In an email responding to a query by American Health Line, Nate McDonald—public information officer for Gov. Gary Herbert (R), who won re-election in the state’s gubernatorial race in November 2012—said “[n]o official decision” has been made on the Medicaid expansion (McDonald email, 11/9).
  • West Virginia: Gov. Earl Ray Tomblin (D) in a statement on his website on June 28 said, “We know what the law is but as I’ve said before, I will continue to do what is best for West Virginia … We’re going to review the Supreme Court’s ruling, and work with our federal delegation on how we move forward.” In the state’s gubernatorial race in November 2012, Tomblin was re-elected (Office of Gov. Tomblin release, 6/28; AP/Marietta Times, 11/7).

 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This article is composed by The Advisory Board for their Daily Briefing.  It can be seen at http://www.advisory.com/Daily-Briefing/2012/11/09/MedicaidMap#lightbox/0/
The Advisory Board Company

Senate bill rewrite lets feds read your e-mail without warrants

Proposed law scheduled for a vote next week originally increased Americans’ e-mail privacy. Then law enforcement complained. Now it increases government access to e-mail and other digital files.

A Senate proposal touted as protecting Americans’ e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law.

CNET has learned that Patrick Leahy, the influential Democratic chairman of the Senate Judiciary committee, has dramatically reshaped his legislation in response to law enforcement concerns. A vote on his bill, which now authorizes warrantless access to Americans’ e-mail, is scheduled for next week. More →