Text of Medicaid lawsuit

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 13-CI-______

David Adams PLAINTIFF,

v. COMPLAINT

COMMONWEALTH OF KENTUCKY, DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE SENATE PRESIDENT, Robert Stivers,
OFFICE OF SPEAKER OF THE HOUSE, Gregory Stumbo,
CABINET SECRETARY HEALTH AND HUMAN SERVICES,
Audrey Tayse Haynes

Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: House Speaker Greg Stumbo
Office of the Speaker of the House
702 Capitol Ave
Annex Room 303
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621



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Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, Senate President Robert Stivers, in his official capacity as Senate President, House Speaker Greg Stumbo, in his official capacity as House Speaker and Audrey Tayse Haynes, in her official capacity as Secretary of the Cabinet for Health and Family Services respectfully states as follows:

I. NATURE OF ACTION

1. This is a civil action for declaratory and injunctive relief relating to Governor Beshear’s acceptance of the optional Medicaid expansion as part of the federal Patient Protection and Affordable Care Act, hereinafter PPACA. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear and the General Assembly from acting to accept the Medicaid expansion as part of compliance with optional provisions of PPACA or under any circumstances without prior and proper legislative approval.

2. Time is of the essence in resolving this issue because the current Medicaid expansion is scheduled to take effect January 1, 2014 with enrollment starting October 1, 2013. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and the Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive and legislative branch authority to protect Kentuckians’ rights to seek and pursue their safety and happiness as explicitly guaranteed by the Kentucky Constitution.

3. The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to David Adams.

4. As a result of the actions of Governor Beshear and the General Assembly, David Adams respectfully seeks an injunction against Governor Beshear’s acceptance of the PPACA Medicaid expansion or any other expansion of Medicaid eligibility until such time as he receives proper legislative approval as required by Kentucky law and the Kentucky Constitution.

5. To the extent that KRS 205.520(3) provides absolute authority to Secretary Haynes “to take advantage of all federal funds that may be available for medical assistance” it represents an unconstitutional usurpation of citizens’ rightful protections against absolute power found in Section 2 of the Constitution of the Commonwealth of Kentucky.

6. Attorney General Jack Conway is being served with a copy of this Complaint pursuant to KRS.418.075 in as much as the constitutionality of KRS. 205.520(3) is brought into question.

II. THE PARTIES

7. David Adams is a citizen of the Commonwealth of Kentucky.

8. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.

9. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky.

10. House Speaker Greg Stumbo is sued in his official capacity as Speaker of the House of Representatives of the Commonwealth of Kentucky.

11. Cabinet Secretary Audrey Tayse Haynes is sued in her official capacity as Secretary of the Health and Family Services Cabinet.

III. JURISDICTION

12. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).

IV. FACTUAL ALLEGATIONS AND BACKGROUND

A. Patient Protection and Affordable Care Act

13. On May 9, 2013 Governor Beshear announced his intention to accept the optional Medicaid expansion as part of PPACA. KRS 205.520(3) reads as follows: “Further, it is the policy of the Commonwealth to take advantage of all federal funds that may be available for medical assistance. To qualify for federal funds the secretary for health and family services may by regulation comply with any
requirement that may be imposed or opportunity that may be presented by federal law. Nothing in KRS 205.510 to 205.630 is intended to limit the secretary's power in this respect.”

14. KRS 205.520(3) was enacted in 1966 as House Bill 115. It has been amended repeatedly by subsequent actions of the legislature, but never eliminated or changed in such a way as to protect Kentucky citizens as guaranteed by the Kentucky Constitution.

15. This statute is unconstitutional in that it grants unchecked and absolute powers to the Secretary of the Health and Family Services Cabinet in violation of Section 2 of the Constitution of the Commonwealth of Kentucky which reads: “Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.”

V. CLAIMS FOR RELIEF

16. David Adams seeks declaratory relief pursuant to KRS 418.040. David Adams seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Governor Beshear’s attempt to implement optional provisions of PPACA without receiving proper legislative approval and David Adams’ rights as a citizen to protection from “absolute and arbitrary” government power guaranteed by Section 2 of the Kentucky Constitution. Further, David Adams seeks a declaration that KRS 205.520(3) represents an unconstitutional usurpation of citizen rights by the executive and legislative branches of the government of the Commonwealth of Kentucky.

17. David Adams seeks injunctive relief pursuant to rights protected by Section 2 of the Kentucky Constitution. David Adams seeks a judicial determination that Governor Beshear does not possess the authority to unilaterally accept the optional Medicaid expansion under PPACA or under any circumstances without proper legislative approval and that the expansion of Medicaid eligibility under PPACA is therefore null and void in the Commonwealth.

VI. PRAYER FOR RELIEF

WHEREFORE, David Adams prays for relief as follows:
1. David Adams requests the court enter a judgment declaring the legislature erred in granting the executive branch authority to accept optional federal mandates without limit, erred in not rescinding this authority granted in violation of Section 2 of the Constitution of the Commonwealth of Kentucky and that Governor Beshear did not and does not have the authority to accept optional federal mandates without legitimate legislative approval and that since no proper authority existed or exists for expansion of Medicaid related to PPACA or under any circumstances and that Governor Beshear may not elect to expand Medicaid or otherwise seek or accept federal funds without specific and legitimate legislative authority, including the Medicaid expansion relating to PPACA.



Respectfully submitted,


David Adams
121 Nave Place
Nicholasville, KY 40356
859-537-5372
Plaintiff




CERTIFICATE OF SERVICE


This certifies the forgoing was served this ____ day of  __________, 2013 via U.S. Mail upon:


Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: House Speaker Greg Stumbo
Office of the Speaker of the House
702 Capitol Ave
Annex Room 303
Frankfort KY 40601

Serve: Audrey Tayse Haynes
Cabinet For Health and Family
Services
275 East Main Street 5W-A
Frankfort, KY 40621

Attorney General Jack Conway
Office of the Attorney General
700 Capitol Avenue Ste. 118
Frankfort KY 40601



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David Adams