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13-State Lawsuit re HCR - link (Scag.gov) pdf file - 22 pages

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The Plum Line - Greg Sargent's blog

AG Suing To Overturn Reform Backed Insurance Mandate At Home

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One of the state attorneys general who has signed onto a nationally-watched lawsuit to overturn health reform is Republican Greg Abbott of Texas. The lawsuit alleges that the new law is unconstitutional because it imposes a mandate requiring citizens to buy insurance.

Turns out, however, that Abbott strongly supported a law in Texas last year that requires divorced parents to purchase insurance for their kids, even if they prefer to pay for their medical expenses out of pocket.

Yesterday’s lawsuit, which is signed by Abbott and 11 other state attorneys general, argues that the health reform law “represents an unprecedented encroachment on the liberty” of Americans by “mandating that all citizens and legal residents” of the U.S. have coverage. The lawsuit argues that this violates the Tenth Amendment.

But last year, Abbott backed an initiative in Texas that, in effect, required divorced parents to insure their children rather than pay for their medical costs out of pocket.

Here’s the deal: The Federal government requires parents to provide medical coverage for their kids. They can pay for this out of pocket they choose. But Abbot supported the creation of something called ChildLINK, an insurance pool that divorced Texas parents of uninsured kids are required to use to insure them.

In an approving Op ed supporting the initiative, Abbott wrote that the measure shifts parents’ duty “from an obligation to pay cash medical support to an obligation to pay health insurance premiums.” The idea was that this would bring down costs.

A spokesperson for Abbott, however, is rejecting the comparison.

Continues @ WhoRunsGov.com

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-- Edited by Sanders on Wednesday 24th of March 2010 04:21:34 PM