Tuesday, November 10, 2015

Shut down Kynect on December 9

Governor Steve Beshear "created" the Kentucky Health Benefit Exchange, Kynect, with an executive order in 2012 and then after the legislature declined to ratify his order as required by law, he tried again in 2013, 2014 and 2015. Each attempt failed. Governor-elect Matt Bevin should waste no time in correcting this gross usurpation of power by the outgoing chief executive.

Bevin can accomplish this by filing a temporary reorganization executive order clarifying the exchange was created illegally and no longer exists. He should do this as soon as he is sworn into office. The Senate could affirm the order in January and if House Democrats try to fight back, they could be made to pay the price in the November elections just like their gubernatorial candidate did this year.

In his order, Bevin could make clear how Beshear's multiple attempts betray utter contempt for the law since the exchange sought and received $253 million in federal grants to set up the exchange by falsely claiming the governor had the ability to create it unilaterally. Beshear should be held personally liable for his fraud, not the Commonwealth's taxpayers.

Waiting a year to hand over the reins of the exchange is not necessary because Kynect never legally existed. Plenty of other states have stood down and let the feds set up their scheme. Legally speaking, Kentucky has done the same. There's no sense continuing the charade only to prevent Beshear and friends from facing consequences for their actions.