[NYAPRS Enews] GNS: As NYS Senate Holds on Exchange Legislation, Federal Court Upholds ACA

[Harvey Rosenthal]

As NY Senate Waits, Federal Court Upholds Affordable Care Act
<http://statepolitics.lohudblogs.com/2011/06/29/as-ny-senate-waits-feder
al-court-upholds-affordable-care-act/> 

by: Cara Matthews <mailto:clmatthe at gannett.com>  - Gannett News Service
June 29, 2011

 

Amid opposition from some members, Senate Republicans pulled legislation
before session ended last week that would set up a state
health-insurance exchange to comply with the federal Affordable Care
Act. As Senate GOP leadership weighs whether to hold a vote when
senators return for other business in the coming weeks, a federal
appeals court in Cincinnati has upheld the health-care law passed under
President Barack Obama.

It is the first federal appeals court ruling on health-care reform
<http://www.google.com/hostednews/ap/article/ALeqM5jghGtHhPN4ruz5TH6l9dh
sRQuADQ?docId=eccf09280e91436f8241348b3cfa9e75> , which has been
challenged in dozens of cases across the country, according to the
Associated Press. The court said Congress has the authority to require
that Americans have a minimum of insurance coverage. The conservative
Thomas More Law Center, which is based in Ann Arbor, Mich., had argued
that the Affordable Care Act was unconstitutional and Congress had
overstepped its authority in passing it, the AP said. The 6th U.S.
Circuit Court of Appeals panel said the measure is necessary to help
reduce the cost of health care and reform the system.

Gov. Andrew Cuomo and the leadership of the Democrat-controlled Assembly
and GOP-led Senate had an agreement on setting up New York's health
exchange. The Assembly passed the bill 95-43, but the Senate ended the
session without taking it up. Sen. Greg Ball, R-Patterson, Putnam
County, said earlier this week that he and some other GOP senators asked
for the bill to be pulled. Ball said he opposes "doing anything that
would bring about the implementation of 'Obamacare.'"

The federal law requires that states set up health-insurance exchanges
by Jan. 1, 2014 so individuals and small groups that need insurance will
have a central "marketplace" where they can purchase it. Health-care and
civic groups like the American Cancer Society and Citizen Action have
urged lawmakers to pass state enabling legislation as soon as possible
so New York can qualify for up to $100 million in federal funds to
create the exchange. They said there is no guarantee the funds will
still be there if New York gets a late start, and they have emphasized
how much planning and work has to take place before Jan. 1, 2014.

Senate Majority Leader Dean Skelos, R-Nassau County, said this week that
the legislation could be taken up in the next few weeks when the Senate
returns to wrap up some unfinished business.

For states that don't set up their own exchanges, the U.S. Department of
Health and Human Services will step in and do it for them.

The Cuomo administration has vowed to continue working with the Senate
to ensure the health-exchange legislation is passed.

 

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