Bluegrass Bombshell: your state on Medicaid

Frankfort Obamacrats insist their "health reform" has enrolled 521,000 Kentuckians and they have been insisting it since July, despite an incredible volume of ObamaCare Medicaid advertising and ongoing enrollments.

I just received an email from "Exchange" Executive Director Carrie Banahan in response to repeated requests admitting 806,783 Kentuckians enrolled in Medicaid under the ObamaCare mandate since October 1, 2013.

The reason for Frankfort's secrecy on this is the huge number of new Medicaid recipients and the cataclysmic impact it would have on the current budget if this travesty is allowed to continue.

Exposing this and correcting it is the reason for our fight. Please forward this email as widely as you can and please click here to contribute to the effort. Anything you can donate will help get this mess straightened out.

Beshear in default on new ObamaCare lawsuit

Gov. Steve Beshear's ObamaCare attorney Patrick Hughes has not yet responded to an email this morning asking why he failed to respond by yesterday's deadline to a Franklin Circuit Court lawsuit challenging illegal executive branch spending on Kynect, the state's ObamaCare bureaucracy.

"Seven hundred and fifty thousand new Kentuckians on Medicaid we can't afford and a decimated individual health insurance market combined with abuse of executive powers and constitutional violations demand answers from Kentucky's top Obamacrat," said David Adams, plaintiff in Franklin Circuit Court case 14-CI-1337. "Beshear needs to come clean now so we can start cleaning up his ObamaCare mess."

At the start of ObamaCare implementation in Kentucky, which Beshear insisted on pursuing without legislative approval as state law requires, he claimed there were 640,000 uninsured Kentuckians. He now touts a Gallup poll showing there are 528,000 uninsured Kentuckians while also sticking to an outdated enrollment figure of 521,000 in Kentucky ObamaCare for most of which we are spending current state dollars to cover with Medicaid. By his own figures, 78% of Kentuckians signing up for ObamaCare were previously covered by private health insurance.

Huge KY ObamaCare profiteer rapes state

Kentucky's biggest ObamaCare health insurer has been granted a twenty percent premium increase by the state Department of Insurance. Kentucky Health Cooperative requested the rate hike on October 24.

"This mess is based on funny numbers but the only people laughing are Obamacrats filling their pockets with taxpayer money," said David Adams, plaintiff in three lawsuits challenging illegal ObamaCare implementation and state spending in Kentucky.

More than 800,000 Kentuckians are signed up for ObamaCare so far, which the state can not begin to afford. Mainstream media coverage of this debacle has ranged from abysmal to obsequious.

Crit Luallen can't be Lieutenant Governor now

Gov. Steve Beshear is relying on a 1942 law combined with general ignorance of changes in the Kentucky Constitution from 1992 to appoint a new lieutenant governor today after Jerry Abramson resigned to work in the Obama Administration.

KRS 63.190, enacted in 1942, states "In every case where there is no provision of law for the filling of a vacancy in any office, the vacancy shall be filled by an appointment by the Governor."

But several changes in the Constitution enacted 1992 did speak to the issue and since a gubernatorial vacancy had not happened under those rules until today, the issue hasn't been thoroughly explored. When you look at the relevant constitutional sections, it becomes clear Beshear can't override the will of the voters or the Kentucky Constitution by replacing a duly elected lieutenant governor on a whim.

Section 70 of the Kentucky Constitution states: "The Governor and Lieutenant Governor shall be elected for the term of four years by the qualified voters of the state. They shall be elected jointly by the casting by each voter of a single vote applicable to both offices, as shall be provided by law."

This section combined the offices at the head of Kentucky's executive branch for the first time in history. The lieutenant governor can't attain that office by his own election. He (or she) gains the office by election with a candidate for governor. The office of governor is not filled without both a governor and lieutenant governor. So this brings in Section 85.

Section 85 of the Kentucky Constitution states: "And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached and removed from office, refuse to qualify, resign, or die, the President of the Senate shall in like manner administer the government."

The office of Governor as defined by Section 70 became partially vacant when Abramson resigned. Section 85 describes how such a vacancy is to be remedied. Senate President Stivers should become Kentucky's Lieutenant Governor.

New Kentucky lawsuit is ObamaCare checkmate

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 14-CI-______

 

DAVID ADAMS                                                                                           PLAINTIFF

 

V.                                                        COMPLAINT

 

COMMONWEALTH OF KENTUCKY,                                                  DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE STATE TREASURER, Todd Hollenbach,
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

State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South

Suite 100
Frankfort KY 40601

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

 

***************************************************

 

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, State Treasurer Todd Hollenbach, in his official capacity as State Treasurer 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 continued attempt to unilaterally impose upon the Commonwealth acceptance of optional provisions of the federal Patient Protection and Affordable Care Act, hereinafter ObamaCare. David Adams seeks injunctive relief in the form of a court order forbidding Governor Beshear from spending state funds related to ObamaCare’s optional provisions under any circumstances without prior and proper legislative approval.

2.  Time is of the essence in resolving this issue because the current state budget explicitly forbids spending state funds directly or indirectly related to ObamaCare. Defendants’ actions make clear they have no intention of obeying state law in this matter until forced to do so. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive 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 Defendants, David Adams respectfully seeks an injunction against any continued illegal spending related to ObamaCare until such time as proper legislative approval is granted as required by Kentucky law and the Kentucky Constitution.

            II. The Parties

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

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

            7. State Treasurer Todd Hollenbach is sued in his official capacity as State Treasurer of the Commonwealth of Kentucky.

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

III. Jurisdiction

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

IV. Factual allegations and Background

10. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly states: “Subsequent to these Executive Branch actions, no executive order related to the ACA has been codified by the General Assembly, nor has any administrative regulation related to the ACA been approved by a vote of the majority of the members of a legislative committee. Providing that the Governor continues unilateral implementation and operation of the ACA in the Commonwealth, the General Assembly shall limit the ACA's impact on the 2014-2016 State/Executive Branch Budget and future biennial budgets so as not to bind future General Assemblies. Therefore, no provision within this Act shall be deemed, adjudged, or constructed as being a recognition, finding, or admission of the General Assembly's approval of the operation of the ACA in Kentucky.”

11. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “The Governor is expressly prohibited from expending any General Fund resources on any expenditure directly or indirectly associated with the Health Benefit Exchange. ”

12. The Executive Branch Budget as enacted by House Bill 235 in the 2014 General Assembly further states: “As the only body in the Commonwealth with the constitutional power to make appropriations, the General Assembly recognizes that federal funding for the expansion of Kentucky's Medicaid Program is not recurring in nature; therefore, the intent of the General Assembly is that funds received from the Affordable Care Act, or its successor, shall not be used to permanently expand existing programs, permanently create new programs, or in any way increase the requirements to be placed on the General Fund or Road Fund above the adjusted appropriation level as of June 30, 2014. ”

13. Defendants have made contracts in violation of these clear prohibitions as enacted by the General Assembly and have further made public statements indicating no intention to obey state law unless forced to do so. This unprecedented attempt at the abrogation of the rule of law in the Commonwealth cannot be countenanced by people who wish to remain civilized.

V. Claims for relief

14. 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 Defendants’ conspiracy to adopt optional provisions of ObamaCare without prior and proper legislative approval and to spend state funds in violation of Section 230 of the Constitution of the Commonwealth of Kentucky in violation of David Adams’ rights as a citizen.

15. David Adams seeks injunctive relief to stop Defendants’ violation of state law prohibiting spending of state funds for ObamaCare.

VI. Prayer for relief

16. David Adams requests the court enter a judgment declaring Defendants have erred in contracting, agreeing and conspiring to violate state law by spending state funds for ObamaCare despite the clear prohibition of same by the duly enacted 2014 Executive Branch Budget and prohibiting them from continuing to do so or to resume such activity until they are granted prior and proper permission by an act of the Kentucky General Assembly.

 

Respectfully submitted,


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




    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 5th day of  November, 2014 via U.S. Mail upon:


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

Serve: State Treasurer Todd Hollenbach
Office of the State Treasurer
1050 US Hwy 127 South
Suite 100
Frankfort KY 40601

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



       _________________________________
      
       David Adams

Torch Frankfort's Pinocchio factory Tuesday

The best thing that can happen in Kentucky's elections this year is repudiation of Obamacrats generally and state House candidates supported by wild, false attacks by a group called Kentucky Family Values PAC specifically.

The Kentucky state House will never do anything to improve our plummeting fiscal fortunes, whether it's public pensions or mounting real budgetary deficits or improve our regulatory approach, economic policies or our broken judicial system with Greg Stumbo calling the shots. An avalanche of "Kentucky Family Values" sponsored advertising touting Democratic candidates as paragons of conservative virtue while maliciously slandering Republicans has blanketed the state in recent weeks by the same operatives who make a living attacking "big money Republicans."

The group's cartoonish propaganda is laughable to anyone paying attention, but we are counting on a lot of people to do their homework to see past the smokescreen. Fortunately, their nonsense was so over the top, a significant number of people have done just that.

"Kentucky Family Values" supports candidates with lies to prop up a failed ideology that has kept Kentucky corrupt and backwards for decades longer than it should have. Informed citizens will do well to make sure such left-wing Pinocchio factories waste their money.

Kentucky Dems still faking Obama-enthusiasm

Associated Press Frankfort Bureau chief Adam Beam wrote an article today about Kentucky's ObamaCare premium increases on the vast majority of people signed up on the illegal ObamaCare "exchange and Gov. Steve Beshear still can't give a straight answer about the mess he has made.

Obamacrats have insisted since the beginning of ObamaCare that any judgments on the program's performance are either premature or too difficult to do, or both, unless the judgment is positive toward them or their mess. Beshear tried to explain away massive rate increases coming in 2015 by claiming that because rate increases vary from case to case that they can't really be discussed.

The vast majority of people who purchased exchange health plans in 2014 are facing at least a fifteen percent rate increase in 2015. We know that much. Beshear also very helpfully explained that one person with a sixty dollar subsidized monthly premium and a six percent rate increase would face only a $3.60 a month hike, if their subsidy stays the same.

That's a huge "if" combined with a hypothetical that doesn't apply to anyone. Besides, should their subsidy be decreased or go away completely, someone in a similar hypothetical situation could see their premium increase two hundred dollars a month or more.

While I'm glad to see one Frankfort reporter at least take a stab at this story, the lack of journalistic seriousness devoted to ObamaCare remains quite disappointing.

Kentucky's hidden 250,000 dependents

Kentucky's "Kynectors" have been signing people up for ObamaCare faster than you can say perjury since they first reported 521,000 people signed up for the program as of July 31.

So why are they still telling us the number is 521,000?

The real number is closing in on 800,000. At this rate we should have a million Kentuckians illegally signed up for ObamaCare Medicaid by the end of 2014. They won't publicize this for fear someone else might do the math and realize the next Governor will immediately step into the mother of all budget messes his or her first day on the job.

Our lawsuits continue to move forward to stop this nonsense. I'm writing briefs for the Kentucky Court of Appeals right now.

Unfortunately, I need money very quickly to keep going. Please click here and donate whatever you can today. Any amount will make a difference. I will fight this to my last breath, but I really could use some help right away.

McConnell should finish Medicaid answer

Mitch McConnell won the ObamaCare portion of last night's debate by default when Alison Grimes lauded Gov. Steve Beshear's "courage" for illegally implementing optional provisions of the "Affordable Care Act," but it wasn't the knockout it could have been.

"With regard to the Medicaid expansion, that's a state decision," McConnell said. "States can decide whether to expand Medicaid or not. In our state, the Governor decided to expand Medicaid and that..."

McConnell was cut off there by KET debate moderator Bill Goodman. If McConnell does not wish to support Kentuckians fighting against illegal implementation of the Medicaid expansion here, he might make that clearer than he already has by finishing his sentence. I suspect, however, that he never will.

I don't have much of a problem with the word games McConnell is playing with the "Kynect" implementation. Obamacrats don't want to call him on saying the state could keep it because they don't want to draw any more attention to the fact that they need huge amounts of federal dollars to maintain even a facade of viability for the exchange. McConnell could stand up for the rule of law on this issue, but expecting him to start that now is perhaps setting the bar too high.

Herald Leader questions for state House candidates

The Lexington Herald Leader has sent the following questions to state House candidates around the state. Included with each question are my answers.

Should the Kentucky Constitution be changed to automatically restore voting rights to most felons who have completed their sentences and terms of probation?

Maybe, but I'm not as concerned about this as I am the unnecessary stigma for life placed on people convicted of nonviolent crimes that have been illegitimately deemed felonies. The damage this does to Kentuckians has a much more negative impact on our state than problems caused by some people having to apply to get their voting rights restored.

Would you vote to continue or reverse an expansion of Medicaid eligibility in Kentucky under the federal Affordable Care Act?

Reverse. We can't afford the massive expansion of Medicaid created by ObamaCare, it was not implemented legally and the entire legislature has already defunded it. The only reason anyone is still talking about this is because Gov. Beshear refuses to follow the law.

Do you support or oppose a statewide ban on smoking in public places and places of employment?

Oppose. Banning legal activity by adults on private property is not a proper function of the legislature.

Do you support or oppose prohibiting discrimination based on gender identity or sexual orientation in employment, housing and public accommodations?

Oppose. Telling employers who to hire, landlords who to rent to and business owners who to serve is not a proper function of the legislature.

Do you support or oppose a proposal that would require a doctor to present the results of an ultrasound to a pregnant woman prior to an abortion?

Support. Anything that might limit instances of this barbaric practice needs to be tried. Ultrasounds are already required in Kentucky. What other states have found is that requiring informed consent prior to an abortion leads to fewer abortions being performed.

Should Kentuckians be allowed to use marijuana for prescribed medical purposes?

Yes. The prescription drug Marinol, a synthetic version of THC, is already legal and marijuana can be grown in Kentucky and distributed here at a lower cost. Limiting agriculture production is not a proper function of the legislature.

Do you support or oppose raising Kentucky’s minimum wage to $10.10 an hour?

Oppose. Mandating wage levels is not a proper function of the legislature.

Do you support or oppose changing state law to allow people to work in businesses that have unions without joining the union or paying union dues?

Support. Requiring membership in a union is not a proper function of the legislature.

Kentucky public debt hits all-time high, grows $186.6 million in only six months

A new report issued quietly today by the Beshear Administration reveals a staggering increase in revenue supported state debt in the last six months. The increase of $186.6 million brought Kentucky's total of such debt to $9.1 billion.

When Gov. Beshear took office in December of 2007, that amount was $6.1 billion and the increase should have been lessened by an unprecedented $3.4 billion in one-time federal "stimulus" funds.

"This is why Kentuckians must band together to stop Gov. Beshear in his illegal ObamaCare charade," said David Adams, who is suing Beshear to stop his health reform efforts which have already been defunded by the legislature. "You stop a shopaholic by taking away his or her credit card. Beshear needs an intervention in the worst way."

These debt figures are available to the general public (and the media, but, oh never mind...) from the Kentucky Finance and Administration Cabinet. Just ask for their ALCo semiannual report issued today.

Yarmuth: let's blow up Louisville economy

At a Tuesday rally for illegally forcing Louisville businesses to raise their "minimum wage" to $10.10 an hour, Congressman John Yarmuth quoted an old left-wing blog talking point that could, if taken seriously, wipe out the unskilled workers in the city and their employers.

"If your business model requires you to pay people less than a living wage, then you shouldn't be in business," Yarmuth said.

While Yarmuth is advocating for a city-wide increase in the minimum wage and not to force employers of unskilled laborers out of Jefferson County, he should be made to explain which businesses in Louisville he wants to victimize first.

Earth to lefties: Alison Grimes is ignoring you because Kentuckians aren't that stupid

The political Left desperately needs Alison Lundergan Grimes to campaign on Kynect/ObamaCare to justify their misinformation. She can't do it because she wants to have a future in Kentucky politics after she loses in November.

They claim falsely that Kentucky's uninsured population has dropped by half under ObamaCare. They claim falsely that Kynect is a massive success. They claim falsely that Kentuckians love Kynect all based on the New York Times finding one Kentuckian who was glad to get Medicaid.

ObamaCare is bad economics, bad health policy and bad politics in Kentucky. Love to see an Obamacrat get raked over the coals for not being Obamacrat enough and it will be great to watch them get louder and shriller as they continue to be ignored. If Kentucky's mainstream media had any honest players left, there is a good story here and "but the people just don't understand how great ObamaCare is!" isn't it.

Dr. Ralph Alvarado of Winchester smacks Obamacrat

Alison Lundergan Grimes rips taxpayers for ObamaCare

Democratic U.S. Senate candidate Alison Lundergan Grimes went on the offensive for ObamaCare on Saturday in Covington, against the interests of most Kentuckians.

"I want to make sure we're not ripping insurance from 500,000 people in Kentucky," Grimes told friends and supporters at her campaign's Northern Kentucky headquarters.

The fact is that getting ObamaCare out of Kentucky has nothing to do with "ripping insurance from 500,000 people." Far fewer have even purchased insurance under ObamaCare in Kentucky. What she is talking about is Medicaid, which is not insurance and is financed with money ripped out of the hands of Kentuckians.

According to the Kentucky Department of Insurance, 280,000 Kentuckians actually had their insurance ripped away from them when ObamaCare first hit Kentucky.

Grimes continues to defend Gov. Steve Beshear's illegal implementation of ObamaCare in Kentucky, which is currently being challenged in Kentucky's Court of Appeals (case numbers 13-CA-1521 and 13-CA-1590).

ObamaCare/Kynect still big loser here

Obamacrats have screamed for years that as soon as people understand ObamaCare, they will love it. They will scream it again Monday, citing a new NBC/Marist poll they claim shows Kynect, which is Kentucky's health "exchange" created illegally by Gov. Beshear in answer to passage of ObamaCare, gaining support.

Don't buy it.

The new poll shows ObamaCare way underwater with 31 percent holding a favorable view and 62 percent unfavorable among registered voters. Capitalizing on unfamiliarity with the name of the state "Kynect" program, ObamaCare supporters will point to a 34 percent positive view of Kynect against only 18 percent negative. What Obamacrats -- and journalists, but I'm repeating myself -- neglect to point out is that 30 percent answered they have "never heard" of Kynect and 18 percent said they were "unsure."

The only way to lower those last two numbers is to explain what Kynect is. It's ObamaCare. Worse, Kynect was created illegally and is currently spending unappropriated state funds in violation of the Kentucky Constitution. Both failures are currently being challenged in state court, another fact Obamacrats don't want to talk about.

Chamber of Commerce slurps up ObamaCare

The Kentucky Chamber of Commerce is going around the state presenting a startlingly uninformative cheerleading session in favor of the "Affordable Care Act."

Ashli Watts, the Chamber's Public Affairs Manager, is delivering PowerPoint presentations billed as providing "what you and your business need to know" about ObamaCare.

But instead of that, Watts' audiences get stale talking points, non-answer answers to specific questions and repeated reminders that the Chamber was initially against ObamaCare but now just wants to help.

She also said the Chamber has taken no position on the lawsuits challenging ObamaCare, but that the Chamber supports Beshear's (illegal) attempts to create a state based exchange.

Obamacrats attack Jessamine for Russ Meyer

A Washington D.C. political group has descended on the 39th Kentucky House district to promote the candidacy of Democrat Russ Meyer and ObamaCare.

"After a year of letters, calls, rallies and congressional visits, we passed a bill -- the Affordable Care Act -- that will help everyone get quality, affordable health care that can't be taken away," the group, Working America, claims on its website.

"Russ Meyer is the best candidate for state representative," the group claims in printed material it is distributing.

Meyer's opponent in November, Jonah Mitchell of Nicholasville, opposes ObamaCare.

Kentucky ObamaCare lawsuits moving forward

The Kentucky Court of Appeals will hear two cases challenging Gov. Steve Beshear's unilateral implementation of the "Affordable Care Act" in Kentucky.

"Our system of government is on trial here," said David Adams, plaintiff in both cases. "Governor Beshear has created a mess by violating state law to force Kentucky into ObamaCare without required legislative approval. If Kentucky's judicial branch won't stop him in this contemptible law-breaking, we have no law. I don't believe we are that far gone."

The first order of business with the Court of Appeals will be a re-hearing of Beshear's ridiculous claim that citizens of Kentucky don't have a right to complain when he breaks the law.

"The legislature has refused to play along with Beshear in his ObamaCare nonsense by killing his executive orders without a single hearing and defunding ObamaCare in the state budget by veto-proof majorities in both chambers," Adams said. "The people's representatives have spoken loud and clear and now is the time for the rest of us to engage."

2015 GOP gubernatorial race's missing ingredient

Just got an email from the Hal Heiner for Governor campaign touting a 28-22 lead over James Comer. As much as I like Hal and appreciate his work particularly on education, it's pretty hard to miss the real news in the polling he mentions.

Hal isn't winning.

The headline on the campaign email says Heiner has "taken the lead" but the poll shows him either in 2nd or 3rd. If you throw Matt Bevin into the mix, the Hal is running behind "Not sure" and Bevin. If the race is between Heiner and Comer only, Hal trails "Not sure." By a lot, in both cases.

I'm not sure Matt Bevin will get into this race, but I know that if he did the first thing he would do is put up a web site with a page dedicated to explaining his positions on the issues. Hal has the only official campaign in the race but has yet to do that.

When the issues get the attention they deserve, there are several Kentucky candidates must address. Following state law and getting Kentucky out of ObamaCare is a total no-brainer. Dropping out of the federal "War on marijuana" is perhaps not as obvious yet, but it will be. Deregulating healthcare any way we can should be another easy one with quick, positive results -- starting with repealing certificate of need laws and reducing the scope of Department of Insurance regulation of health coverage. Opting out of federal control of public education must be a top priority of our next governor. Ending Kentucky's ridiculous corporate welfare game and seriously addressing public employee pensions are also winning ideas that can't wait for a champion.

We've suffered long enough under popularity contests and mud-slinging determining who runs our government. If you see a candidate or potential candidate ask them to get specific right away.