Beshear asks court to dismiss Common Core challenge; we respond today in court

Plaintiff David Adams in opposition to Defendants Motion to Dismiss, states:

ARGUMENT

            The Constitution of the Commonwealth of Kentucky is the heart of Kentucky law. Violations of same by government officials constitute the vilest of injuries in a constitutional Republic, which fact should not need explanation to otherwise educated people in the 21^st Century. Nevertheless, Defendants apparently fail to recognize constitutional rights as inherently valuable and worthy of protection by the Court in their Motion. Violation of Section 183 of the Kentucky Constitution occurs when appropriate legislation providing for efficient common schools is not sufficiently present. That situation has come about with the acceptance by Defendants of the Common Core State Standards. Lack of efficiency in Kentucky schools, as defined by the Court in Rose v. Council for Better Education, Inc. (KY 1989) 790 S.W.2^nd 186 cannot be wished away as evidence of harm to a Plaintiff.

            This case involves a request for a declaration of rights. Plaintiff attended Kentucky schools, is a citizen of Kentucky, a taxpayer in Kentucky, a parent of students in Kentucky schools and asserts rights under KRS 418.040 that states when “an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief.” Defendants claim Senate Bill 1 from 2009 authorized the acceptance of Common Core. They cannot prove this because it is not true. If Defendants’ acceptance of the Common Core standards and all the baggage that goes with them involved no controversy, why would they feel the need to lie about their genesis and otherwise choose the decidedly sketchy KRS Chapter 13A administrative route to implementation rather than appropriate legislation? Defendants attempt at subterfuge so early in this case is telling.

CONCLUSION

            Defendants argue that Senate Bill 1 authorized acceptance of Common Core State Standards, which it did not. Defendants further argue that using the KRS Chapter 13A regulatory process to implement the scheme somehow absolves Defendants of their sworn allegiance to following the requirements of Section 183, which it does not. Defendants expect the Court to accompany them on this magic carpet ride to a place in which falsehoods and distortions by government officials wipe away centuries of jurisprudence carefully constructed to protect individual rights in the Commonwealth.

            Plaintiff requests the Court refuse to allow Defendants to abuse the system in this fashion.

 

A Kentucky ObamaCare reprieve drying up

For three more days, Kentuckians who don't want or need ObamaCare in 2014 but do need to buy health insurance still have an option Governor Steve Beshear doesn't want you knowing about.

You can still buy 2013, non-ObamaCare coverage at 2013 premiums for the next year through this weekend. After that, the option goes away.

The only place I have seen this is on www.ehealthinsurance.com. So if you know you aren't having a baby in 2014, aren't going in to drug rehabilitation or aren't otherwise an excessive premium-paying masochist, you might want to check it out.

Robert Stivers falling hard for ObamaCare

Kentucky Senate President Robert Stivers, an embarrassingly moderate Republican, is trying to quietly soften up members of his caucus so they might cave in to Gov. Steve Beshear on ObamaCare early in 2014. Fortunately, his plan is not going well.

Beshear needs the Senate to go along with his 2013 interim reorganization executive order creating Kynect, the Kentucky state-run ObamaCare exchange. If they don't, the executive order will expire and take the exchange and the funding mechanism for the exchange with it. When federal money runs out at the end of 2014, the federal government will be forced to take over paying for the exchange.

Beshear has talked Stivers into trying to bail him out of this mess before it explodes in the open, but almost no Senate Republicans are taking the bait. Stivers is selling a left-wing talking point that the state can run the exchange on a 1% tax on insurance premiums -- which is not true -- while a federal exchange could cost as much as 3.5%. There are two points he is trying to gloss over here -- first, ObamaCare participation is so low in Kentucky -- due to outrageously high premiums -- that Kentuckians as a whole will certainly be better off joining the three dozen other states opting out of the exchange and facing no drain on our state budget to prop up the Obama/Beshear pipedream than they will be if Stivers has his way. Second, if an Oklahoma lawsuit to be heard in federal court early next year is successful in forcing the letter of the ObamaCare law to be followed and ObamaCare penalties to be disallowed in states on the federal exchange, victimization of Kentuckians by this horrible law will be mostly eliminated when we shut down Kynect.

The vast majority of Americans are unified in defeating ObamaCare and for very good reasons. If you are represented by a Republican in the Kentucky state Senate, please call him or her and urge standing strong against Beshear and Stivers in their ObamaCare mischief. 

Were 280,000 Kentuckians abducted by aliens?

The initial group of Kentucky citizens forced off their health insurance by ObamaCare have less than two weeks left to sign up on Kynect to avoid a lapse in coverage on January 1.

 

Where the hell are they?

 

"Kentucky's media is missing the story of the unaffordability of the "Affordable Care Act" in addition to missing the story about Gov. Beshear illegally and ill-advisedly throwing us into the worst part of this mess," said tea party activist David Adams. "If all these people are herded up and put into ObamaCare, I wonder how many will wind up on Medicaid and it makes a big difference financially whether its old Medicaid or new Medicaid. Shut down Kynect and drop the Medicaid expansion nonsense and we are a big step away from the worst of this disaster." 

 

The 2014 General Assembly must address not only Beshear's unconstitutional Medicaid administration expenditures that start January 1, it must also find significant funds for Medicaid in the next budget and fund Kynect in addition to ratifying Beshear's executive order creating it. Legislators are less likely to do these things than they are to be picked up by the next spaceship passing by our planet.

Good morning, Al Cross!

Courier Journal political columnist Al Cross has been a rather energetic supporter of ObamaCare in Kentucky and somewhat resistant to seriously exploring evidence strongly suggesting his enthusiasm may have been misplaced. In a weekend blog post, however, Al shows signs of gaining a wider perspective:

As for Kentucky specifically, "Although a Kynect spokeswoman said the exchange has dealt with only 'minor issues' since it started sending enrollment files to insurers a month ago, she didn’t indicate whether those issues had resulted in flawed forms or if they’d been resolved."

Tony Felts, a Kentucky spokesman for Anthem Blue Cross and Blue Shield, told Politico that it's too early to say if the problems have been solved: "In general, the situation is the same for the state-run exchanges as it is for the federally facilitated exchanges."

Over the next couple of weeks, these problems and others with the Kynect debacle will become even harder to ignore. Hold on tight for a very bumpy ride.

Beshear upstages Obama with new health law lie

We already know that you can't keep your health insurance for much longer as ObamaCare rolls in. We. Already. Know. That.

Everyone capable of passing the fog-a-mirror test understands President Obama was lying when he said "if you like your plan, you can keep your plan." So it was noteworthy that Kentucky Governor Steve Beshear went to Washington D.C. yesterday to buck up congressional Democrats and tell them the tide will turn politically when eighty percent of Americans realize the "Affordable Care Act" does not affect them.

What planet are these people on?

ObamaCare is decimating health care providers and health insurance consumers as we speak. One-year delays (illegally implemented, I might add) have served to temporarily distract a lot of people who will no longer be distracted in just a matter of months.

Beshear's only hope is that mainstream media tolerance for being used like a bunch of two dollar hookers remains firmly in place long enough for some kind of point of no return to be reached. Fortunately, there really isn't one.

Jack Conway must not want to be Governor

Kentucky's Attorney General Jack Conway appears to have tossed away his chance to get the Democratic nomination for Governor in 2015 in a court filing on same-sex marriage.

Conway, a defendant in Kentucky Equality Federation et al v. Commonwealth, an ongoing case in Franklin Circuit Court, claimed plaintiffs Lindsey Bain and Daniel Rogers, a married same-sex couple, don't have standing to challenge our state definition of marriage and that their claim does not qualify as an "injury in fact" and it is not ripe for adjudication.

In a joint filing dated September 30, Conway and Governor Steve Beshear said they "deny that Plaintiffs are entitled to the requested relief or any other relief whatsoever." That won't go over well.

Public comment period on Medicaid expansion ends today

Just sent the following message regarding Kentucky's proposed Medicaid expansion to the Office of Legal Services in Frankfort as part of the public comment period for this huge waste of public money:

Expanding Medicaid as this proposed regulation attempts to do is a terrible idea with very negative fiscal implications for the Commonwealth. Statute requires administrative review of this action and same cannot legally be completed in time for a meaningful and legally required review process to be completed before the January 1 effective date. We lack funding in the current budget to pay the Medicaid administration costs immediately created by this regulation and the likelihood the legislature, which has not been consulted on this matter previously, will agree to fund more of the same in the next biennium is nonexistent.

 

This whole exercise has been a waste of time in contemplation of a waste of unavailable resources. We must end it now.

 

Thank you,

 

David Adams

121 Nave Place

Nicholasville KY 40356

859-537-5372

You may do the same today until the close of business by emailing Tricia Orme at tricia.orme@ky.gov. Reference 907 KAR 20:100.

Kentucky's ObamaCare constitutional crisis

Anthem knew Obama lied "almost immediately" in 2010

The best video clip of the ObamaCare "if you like it, you can keep it" scandal hearing today in Frankfort will be of an Anthem official admitting that Obama's "you can keep it" lie was identified as such back in 2010.

KET's video of today's Banking and Insurance hearing should be available in the morning.

Democratic members of the committee appear mostly ready to run as fast as possible from ObamaCare in the upcoming legislative session. We still await Kentucky Supreme Court action on Gov. Steve Beshear's illegal attempt to implement ObamaCare without legislative approval.

Another ObamaCare showdown in Frankfort

Tuesday morning in Frankfort government officials will hold a public hearing on the "if you like it, you can keep it" scandal. The Interim Joint Committee on Banking and Insurance will hear from officials at Humana and Anthem as well as Kentucky Department of Insurance Commissioner Sharon Clark.

The meeting will take place at 10 am in Room 149 in the Capitol Annex.

The Kentucky Department of Insurance claims its mission is to "promote sound, competitive insurance markets; protect the public through effective enforcement and regulation; and empower the public through outreach and education." Their utter failure on each of these points leads one to the inescapable conclusion that the department of insurance is corrupt or incompetent or both.

Hope to see you there.

An easy to fix part of broken Frankfort

If you liked how the Common Core science standards were voted down in committee in September but allowed to dumb down Kentucky public schools anyway, you probably like that the same thing happened yesterday when regulations for state ObamaCare exchange operations were also waved on through despite another overwhelming rejection by state legislators.

If Obama were working up a slogan for this kind of government, he might say "If you like having a voice in state government, you can keep it." Worse it's perfectly legal given how the statutes have been constructed.

Legislators should get to work giving teeth to the KRS 13A administrative review process so this sort of thing doesn't happen again. It would be quite simple to stop legislators from leaving meetings to bust up quorums and to prevent governors from ignoring the will of the people's representatives when they oppose him in this process. Anyone with a little courage willing to give it a shot?

Anyone?

Only 4,749 lifeboat seats in Kentucky

Two weeks ago, the Kentucky Department of Insurance admitted that 280,000 citizens would lose their health insurance to ObamaCare and last week Obama/Beshear said they might get a one-year break on that. Today, the Department said all but a few thousand people will have to go down with the ship.

Spokeswoman Ronda Sloan said in response to all the backlash to Obama/Beshear's dishonesty about market disruption caused by the "Affordable Care Act," that a "change would impact 2,656 policyholders (4,749 total covered lives)."

Only 275,000 more Kentucky victims (so far) need at least a temporary escape from this mess.

Angry yet?

Beshear caught in ObamaCare trap

Kentucky Governor Steve Beshear now has a choice to look like an idiot or a Scrooge. Health insurer Humana has quietly jumped at Beshear's offer to protect Kentuckians from crazy unaffordable health insurance in 2014, filing a rate increase request with the state for less than 8% -- one-tenth its approved request under ObamaCare mandates.

So right before Christmas, Beshear's Department of Insurance can either cave in on his ruinous, politically charged support for ObamaCare and grant the request or tell the hundreds of thousands of Kentuckians displaced by ObamaCare to eat cake.

If he grants the consumer-friendly Humana policy request, those rates will be lower than rates on the exchange even with the greatest federal subsidies, effectively killing the Kentucky ObamaCare exchange. If he refuses, public support for the ObamaCare fiasco -- and for Beshear -- will fall even faster.

We can't hold our breath waiting for the media to report this. Please support the effort to get word about this out to the people of Kentucky by clicking here and donating what you can.

Constitutional crisis in Kentucky won't go away

The Kentucky Supreme Court has neglected to expedite review of two ObamaCare lawsuits in December, dragging into 2014 a constitutional crisis that will not just go away.

 

"There is no way the General Assembly will ratify Gov. Beshear's second executive order creating the ObamaCare exchange, just like they didn't ratify the first expired one which set off this crisis," said David Adams, plaintiff in both suits. "They won't fund the exchange in the budget session starting in January, which means the exchange goes away at the end of 2014 anyway. Governor Beshear will start illegally funding the Medicaid expansion in January 2014, probably leading to a new lawsuit. Only the Kentucky Supreme Court can restore the rule of law in our Commonwealth. Failure to act is not acceptable."

Obamacrats fundraise on You-Can-Keep-it-Gate

As if we needed more evidence Washington D.C. is descending into full-blown idiocracy, the Democratic National Committee sent out an email Friday evening raising money to keep pushing ObamaCare down our throats.

"But you know what else would help get more people enrolled," asked Mo Elleithee, Communications Director for DNC. "If Republicans would stop their concerted effort to block the law at every turn. If more Republican governors would set up state exchanges or expand Medicaid. If Republican lawmakers would stop holding ridiculous hearings to score political points, and help folks figure out how to fix the problems."

Holding hearings and filing lawsuits would not be scoring "political points" if ObamaCare promoters weren't breaking laws and making healthcare worse and more expensive.

"Because under the Affordable Care Act, being a woman is no longer a preexisting condition," Mo said, spinning the fact ObamaCare forces men to obtain maternity coverage for themselves in the name of fairness.

"Republicans, though, have never really been interested in that," Mo continues. "They don't want Obamacare to work. They are actually afraid of it working. Why? Because they know once people begin to enjoy the benefits that come with a better and more affordable health care system, they won't want to give them up."

Yeah. That is what we're afraid of.

Text of Kentucky Common Core 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,
KENTUCKY BOARD OF EDUCATION,
Roger L. Marcum

COUNCIL ON POSTSECONDARY EDUCATION, Robert L. King

EDUCATION PROFESSIONAL STANDARDS BOARD, Cassandra Webb

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: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

---------------------------------------------------------------------------------------------------------------------------

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 President of the Senate, Roger L. Marcum, in his official capacity as Chairman of the Kentucky Board of Education, Robert L. King, in his official capacity as President of the Council on Postsecondary Education and Cassandra Webb, in her official capacity as chairwoman of the Education Professional Standards Board respectfully states as follows:

I. NATURE OF ACTION

 1.  This is a civil action for declaratory and injunctive relief relating to Defendants' acceptance of Common Core State Standards. Plaintiff seeks injunctive relief in the form of a court order reversing Defendants' illegal acceptance of Common Core State Standards and forbidding any continued action relating to same until such time as specific legislative approval is granted.

 2.  Time is of the essence in resolving this issue because substantial public resources have been and are currently being devoted to implementation of Common Core despite a clear constitutional mandate intended to provide for an efficient system of common schools. 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 Plaintiff.

 4.  As a result of the actions of Defendants, Plaintiff respectfully seeks a temporary and permanent injunction against Defendants' continued implementation of Common Core until such time as the General Assembly provides appropriate legislation to restore constitutionally mandated efficiency to the Commonwealth's system of common schools.

II.  THE PARTIES

 5.  David Adams is a taxpayer and citizen of the Commonwealth of Kentucky and parent of two students in Jessamine County Schools.

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

 7. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky and a member of the Executive Branch of government pursuant to Section 85 of the Constitution of the Commonwealth of Kentucky.

 8. Roger L. Marcum is sued in his official capacity as Chairman of the Kentucky Board of Education.

 9. Robert L. King is sued in his official capacity as President of the Kentucky Council on Postsecondary Education.

10. Cassandra Webb is sued in her official capacity as Chairwoman of the Education Professional Standards Board.

III. JURISDICTION

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

IV. FACTUAL ALLEGATIONS AND BACKGROUND

 A. Common Core State Standards

 12. On February 10, 2010, Defendants announced acceptance of Common Core State Standards despite the fact the standards had not yet been written. Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation. 

  13. The Constitution of the Commonwealth, in Section 183, places responsibility for providing an efficient system of common schools upon the legislature. The Kentucky Supreme Court clarified this to mean "common schools shall be monitored by the General Assembly to assure they are operated without waste, duplication, mismanagement or political influence." Rose v. Council for Better Education, Inc. (Ky. 1989) 790 S.W.2d 186. By failing to intervene when Defendants obligated Kentuckians to unspecified mandates, duties, responsibilities and costs related to Common Core, the General Assembly violated Section 183.  

V. CLAIMS FOR RELIEF

 14. Plaintiff seeks declaratory relief pursuant to KRS 418.040. Plaintiff seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants' acceptance of Common Core State Standards without sufficient knowledge or understanding of the costs of such action in violation of state law.

 15. David Adams seeks injunctive relief relating to Defendants' illegal acceptance and implementation of Common Core State Standards, namely reversal of such acceptance and implementation until such time as the General Assembly grants approval of same by appropriate legislation. 

VI. PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays for relief as follows:
 1. Plaintiff requests the court enter a judgment declaring the legislature erred in failing to prevent acceptance and implementation of Common Core State Standards by Defendants and that such acceptance must be rescinded and that such implementation must cease and be reversed until such time as the General Assembly makes a determination by appropriate legislation specifically regarding efficiency in the Commonwealth's system of common schools pertaining to standards, curriculum, best practices and testing.

       Respectfully submitted,

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

 

    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 12th day of  November, 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: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

       _________________________________
      
       David Adams

Dear Virginia, Terry McAuliffe can't be Santa Claus

Left-wing pundits are all atwitter at the idea the Governor-elect of Virginia can swoop in and make another ObamaCare state by unilaterally forcing them into the Medicaid Expansion. He can't, and that might have an impact on Kentucky.

Expanding Medicaid in Virginia can't legally happen without full legislative approval, which is extremely unlikely to happen with a solid Republican majority in the House and an evenly divided Senate. But Terry McAuliffe could follow the lead of Kentucky Gov. Steve Beshear and attempt to implement it illegally, daring anyone to challenge him.

The immediate legal issue for McAuliffe if he tries this would expose a second big ObamaCare lie. While everyone knows you can't keep insurance you like, few realize the promise that federal benevolence will absorb 100% of Medicaid costs for the first three years of ObamaCare depends on a rather imprecise definition of "100%."

In other words, McAuliffe would need -- as Beshear has already quietly admitted to -- gobs of money right away, without legislative approval, to pay increased state Medicaid administration costs necessitated by the massive expansion of Medicaid under ObamaCare.

Ken Cuccinelli famously filed a lawsuit against ObamaCare on the day it was passed. He should get going on this one, too. Kentucky's legal challenge is soon to be heard by the state's Supreme Court.  

Tell Beshear to reverse Humana $65,430 truth tax

Governor Steve Beshear should apologize to Humana customers and return to them the $65,430 fine extracted in September when the company advised policyholders on delaying negative impacts of the federal health law. Beshear's chief insurance thug Sharon Clark said at the time Humana was misleading people by telling them ObamaCare rates would be much higher in 2014.

"Beshear could get away with calling the truth a lie in September in this instance, but he can't now," said David Adams, plaintiff in two lawsuits fighting illegal implementation of ObamaCare in Kentucky. "The money for that fine hurts Humana customers and should be returned to this Kentucky company right away. Beshear's criminal activity must stop."

Is Kentucky ready for Damon Thayer?

Talking head speculation about ObamaCare cheerleader Kentucky Gov. Steve Beshear being appointed to replace Kathleen Sebelius as Secretary of Health and Human Services brings up the possibility of an unprecedented shake up in Frankfort.

If Beshear goes to Washington D.C., per Section 84 of the Kentucky Constitution, Lieutenant Governor Jerry Abramson would finish up his term and then go away. He has said he will not run for Governor in 2015.

And under Section 85, Senate President Robert Stivers would ascend to the office of Lieutenant Governor for the remainder of Abramson's term, likely ending his political career.

The leadership vacuum this creates in the executive branch is far less interesting than what would happen then in the Kentucky state Senate. If Senate Majority Floor Leader Damon Thayer was then elected by his fellow Senators to the office of Senate President, he would have the opportunity to transform the state refusing to enact a budget that doesn't fix some of Kentucky's biggest problems like real pension reform, wildly excessive accumulation of debt and by putting to rest any potential lingering doubts about illegal attempts to fund ObamaCare.

Step away from Medicaid mirage, Gov. Beshear

While President Obama begins to get grief because the media is catching on to some of his fact-challenged health reform claims, Gov. Beshear grits his teeth hoping they won't notice his.

Specifically, Beshear has claimed repeatedly the state will incur no costs for Medicaid expansion for ObamaCare's first three years. Meanwhile, national media types are figuring out Medicaid will crush state budgets in the 26 states dumb enough to opt in to the Medicaid expansion.

Even that analysis is inaccurately rosy because it ignores the immediate new Medicaid costs to states under ObamaCare. Privately insured people with low incomes are forced into Medicaid immediately under ObamaCare and states don't get an enhanced federal match for costs of treating those people. States must absorb 100% of new Medicaid administration costs immediately under ObamaCare. In Kentucky, those costs will be over $40 million in calendar year 2014 and get higher after that.

KRS 205.520(3) requires that the Medicaid expansion be implemented only after legal administrative review as defined by KRS 13A. Because there is no legal mechanism for getting out of the Medicaid expansion once we go in, any review process we start now can't be legitimate. State law requires that a public hearing must be held on the expansion of Medicaid and KRS 13A.270(11) specifically requires that such a hearing must "guarantee each person who wishes to offer comment a fair and reasonable opportunity to do so." But there is nothing "fair and reasonable" about a process that can only have one outcome. To allow such a thing is to ignore Section 2 of the Kentucky Constitution and its unambiguous prohibition of absolute and arbitrary government. Had Gov. Beshear initiated this process on May 9 when he had his "Medicaid expansion" press conference, this process could have been initiated and completed legitimately and lawfully. Now, it can't. Gov. Beshear has a lot invested now in his bizarre claims of victory with ObamaCare, but Kentuckians have far more at stake in seeing that his ill-gotten powers be removed from him before he can do any more harm.

When the truth is "complicated"

An unnamed former Obama Administration official today summed up big government criminality perfectly in a front-page Wall Street Journal article with the following quote: "You try to talk about health care in broad, intelligible points that cut through, and you inevitably lose some accuracy when you do that."

The American people do not bestow power upon elected officials so they tell lies to get their policy wishes to "cut through."

The broad, intelligible point we all need to take home from the ObamaCare debacle loses absolutely no accuracy in the cutting through: there is no role for the federal government in healthcare in America. None whatsoever.

Any questions?

State thugs merely "providing new versions"

The Courier Journal screams 32,000 lucky Kentuckians have enrolled in ObamaCare in its first month, but you really should read the story, which tells a different story.

A great line: "Officials said 'enrolled' does not necessarily mean purchased."

We also learn from the story that "more than 85 percent of enrollments have qualified for expanded Medicaid." And since ObamaCare makes it illegal for anyone who qualifies for Medicaid to buy health insurance on an exchange, that means still fewer than 5000 Kentuckians have even enrolled.

And then there is this:

Tea Party activist David Adams, who has sued in an attempt to stop Kentucky’s health exchange, said the sign-ups were nothing to celebrate, given that more than 600,000 uninsured Kentuckians are eligible for coverage.

“If this was a no-brainer salvation for the state, you’d be seeing more people purchasing coverage,” he said.

He also said that nearly 300,000 residents are seeing individual plans discontinued because of Obamacare’s insurance requirements, and in some cases offered only more expensive options.

Kentucky Department of Insurance officials said those people aren’t being dropped, but rather offered new versions of their plans. They can also choose to shop for a new plan on the exchange.

I actually love this. Those 300,000 Kentuckians getting cancellation notices from their insurance companies mandated by ObamaCare should be very relieved to know that they haven't been "dropped," but merely given a "new version" of coverage with features they don't want and premiums far in excess of their former plans.

The applicability for this kind of government word game is practically endless. Your taxes aren't going up, you are being offered new versions of poverty. Your rights aren't being infringed, you are being offered new versions of force.

Remember, we get the kind of government we tolerate.

Beshear tries to move ObamaCare goalpost

While President Obama was pilloried this week by national media just figuring out he had lied to them about people being thrown off their insurance plans and forced into much more expensive ObamaCare, it nearly escaped notice that hundreds of thousands of Kentuckians face the same catastrophe.

CNN singled out Kentucky as one of the worst states for this man-made disaster, but ObamaCare cheerleaders in Kentucky's media were too busy waiting for marching orders from Gov. Steve Beshear. Today, they got them: change the definition of success.

We know Kentuckians have been very hesitant to embrace ObamaCare by actually purchasing it or even accepting the "free" Medicaid expansion. Beshear knows we know too, but he still hopes we are stupid and not paying attention.

"The hundreds of thousands of web site visitors proves that Kentuckians are not only interested in affordable healthcare, they can't wait to get it," Beshear said today. "I've been traveling the state along with members of my Cabinet to encourage citizens and businesses to find out about affordable healthcare coverage. Through the Affordable Care Act, we will make healthcare available to every single citizen of this Commonwealth."

Someone should introduce the Governor to the concept of a "conversion rate." Attracting visitors to the ObamaCare web site but converting only a very few into becoming customers -- even for a free product -- would create concern in the mind of anyone in the private sector. Beshear wants you to see it as proof of success, but there is no legitimate way to do so.

And before anyone else touts growing numbers of customers for Kentucky ObamaCare, lets realize that the first 300,000 or so that they wind up with wouldn't have been shopping for new coverage at all if the federal healthcare takeover law hadn't first kicked them to the curb. At its current rate, it would be years before Kentucky ObamaCare simply gets us back up to the number of insured Kentuckians we had before ObamaCare,  much less covers "every single citizen."

Go back to trying to silence concerned citizens, Governor.

Beshear trick-or-treats as "Brainless Horseman"

Two weeks ago, we uncovered details of Gov. Steve Beshear's illegal and unconstitutional plans to blow at least $21.5 million of state money on ObamaCare in the first six months of 2014.  Beshear's own attorney entered details of this plan into the court record, though he apparently didn't even realize he did it.

Having evidence of this illegal activity fall into my lap was somewhat unexpected. Hitting a stone wall of resistance when asking budget staffers for Beshear's legal justification was not.

But it was a very funny surprise this morning to get a strongly-worded email from Beshear's attorney telling me to stop snooping around or else.

In his letter, attorney Patrick Hughes for the Governor informed me that he had previously "outlined the appropriate protocols for information requests in pending litigation." This weightless piece of legalese means the Governor doesn't want me asking questions. He goes on to say "the above-referenced litigation is currently pending in the Kentucky Court of Appeals, and as such, the discovery period has ended."

What Beshear's goon fails to realize is my latest question doesn't involve this case at all, but the next one -- should it be necessary. Kentucky's Medicaid expansion under ObamaCare is already illegal. If the state Supreme Court doesn't resolve that issue this year, then next year they will have to deal with the illegal expenditure of state funds, a legally distinct issue. We have Beshear on his heels, but he is clinging to the hope we somehow won't notice and won't stay engaged in the fight. Please support the effort by clicking here and donating what you can.

Kentucky ObamaCare's Theater of the Absurd

To call Kentucky's media coverage of ObamaCare horribly embarrassing is an insult to what any parent felt watching Miley Cyrus "perform" at the Video Music Awards. Gov. Beshear has ignored the law, lied in court, helped blow up our health insurance market and then took off on a national barnstorming tour declaring victory over the wreckage with no meaningful media scrutiny whatsoever.

But all that was before Murray State University's NPR station got involved today with a story headlined: "More West Kentuckians than expected sign up for Kynect."

The story in no way backs up the crazy false headline, but it does pile on some additional crazy. And falsity.

Apparently something called West Kentucky Allied Services has received 300 applications through the state's ObamaCare web site. Seriously, that's the big news in this story. That doesn't even mean 300 people have actually signed up for anything. Or ever will.

The story then quotes program manager Jackie Eubanks gushing "Our governor embraced the program from the very beginning" and concluding "folks at the state seemed to be pretty well organized."

The story concludes with Eubanks stating that people who don't get federal subsidies for their ObamaCare health coverage "pay prices equivalent to those found on the open market."

Asking this reporter or the program manager what that even means would be equivalent to watching drunk college kids on The Tonight's Show's "JayWalking" segment.

You can read the story here.

Jack Conway and his penny loafers

Just sent a request for an attorney general's opinion to AG Jack Conway, who wants to be governor after ObamaCare hero Gov. Steve Beshear retires in 2015. What follows is the text of the request:

Jack Conway,

On page 25 under paragraph (c) of Regulation 907 KAR 20:100 filed for consideration September 30, 2013 by Governor Beshear, tens of millions of dollars in immediate, new unappropriated Medicaid administration costs are described in detail. I have requested of the Governor to know where will that money come from in the current budget and by what statute is its expenditure justified, but have received no answer. In your opinion, is such an unappropriated expense -- created as this is without following proper administrative review procedures as required by KRS 13A -- a lawful function of a governor's executive powers?

Thank you for your consideration and swift response to this important issue as it clearly needs immediate resolution.

David Adams

I can't doubt Conway at this very moment is hiding in a men's bathroom stall in the State Capitol with his feet up on the toilet seat hoping no one can find him to ask an ObamaCare question. Nevertheless, answering questions like this is what he is paid to do. Waiting...

A Kentucky ObamaCare question

Gov. Beshear has said many times Kentucky will incur no costs for the ObamaCare Medicaid expansion until 2017 and state media has unquestioningly repeated the claim many times as well.

We know that is false.

I just sent the following email to Vicki Goins, Policy and Budget Analyst for the Health and Family Services Cabinet in Gov. Beshear's Office of State Budget Director:

Vicki,

 

On page 25 under paragraph (c) of Regulation 907 KAR 20:100 filed for consideration September 30, 2013 by Governor Beshear, tens of millions of dollars in immediate, new unappropriated Medicaid administration costs are described in detail. Where will that money come from in the current budget and by what statute is its expenditure justified?

 

Thanks,

 

David Adams

859-537-5372 

Kentucky ObamaCare crash and burn

Kentucky's media folks are setting the bar on the ground and rolling Beshear's ObamaCare operation over it in order to manufacture a victory.

The numbers they reported today are horrible: 26,174 "enrolled" in three weeks and 21,342 of those are in Medicaid. First, much of this is fraud. But even if we take it all at face value, this means only 4832 Kentuckians got health insurance in three weeks from a program that has been hyped, subsidized, editorialized, memorialized and tearfully praised across the nation and by President Obama himself. That's barely 200 people a day for what is supposed to be a no-brainer and practically free. And some 1000 a day into Medicaid with no cost.

They literally can't sell this stuff and can barely even give it away.

And the puny distribution is really beside the point. If the Kentucky Supreme Court does not follow the law and throw this whole mess out, the 2014 General Assembly must BOTH ratify Beshear's bogus executive order redux - in and of itself illegal - and fund the exchange's operations and those of the Medicaid expansion in the 2014 budget bill. There is no way either of these things will happen.

Best case scenario, Beshear will be back in court next year defending his violations of state law with his opportunity to sell the unseen no longer an option.

Whitewashing Kentucky's ObamaCare disaster

New York Times reporter Abby Goodnough has done more in-depth research on Kentucky's ObamaCare mess than any other ten "reporters." Still, she hasn't reported anything of substance even though she has contributed to several stories mentioning the unfolding federal health takeover.

As of tonight, she has more than enough to blow the lid off the whole thing.

What say you, Abby Goodnough?

Beshear sues House Speaker Stumbo and Senate President Stivers over Kentucky ObamaCare

Kentucky Gov. Steve Beshear has turned on fellow Democrat and state House Speaker Greg Stumbo and Senate President Robert Stivers in a court filing questioning their standing in a suit challenging Beshear's attempt to unilaterally effect the ObamaCare Medicaid expansion here.

"This cross-appeal is also being taken against the Office of the Senate President, Robert Stivers and Office of Speaker of the House, Gregory Stumbo who are both the other Cross-Appellees," said Beshear through his attorney in a brief filed in Franklin Circuit Court (Case number 13-CI-000605 10/11/13).

"Beshear depends very heavily on the media continuing to not pay attention or give any thought to the ramifications of his illegal shenanigans," said plaintiff David Adams. "I'm glad to see these idiots turning on each other and they could all benefit from a few kicks from the proverbial mule."

For further information about this internecine war, contact Beshear's attorney Patrick Hughes at 859-341-1881 and Stumbo/Stivers' attorney Laura Hendrix at 502-564-8100. I'm sure they'd be glad to explain it all to you.

Frankfort's reproductive dysfunction

Gov. Steve Beshear is demanding a forty percent increase in Kentucky's Medicaid Administration budget in the current fiscal year without legislative approval but also now without the objection of even one Republican official in state government.

 

"If only one Frankfort Republican had the testicular fortitude to stand up to Gov. Beshear and ObamaCare, we could stop it in five minutes," said David Adams, lead plaintiff in two lawsuits to stop Beshear from illegally implementing the federal healthcare takeover in the Bluegrass State. "I'm even more disgusted by Republican inaction than I am by Democratic action. Frankfort's surrender caucus is astonishingly unprepared for this constitutional crisis."

Christmas in October in Kentucky

Governor Steve Beshear says he needs $21 million for Christmas and he thinks you are Santa Claus.

In a document filed quietly with the Regulations Compiler in the basement of the Capitol Annex late last month and not yet posted to the internet, Beshear stated that ObamaCare will cost the state $21.5 million in the first six months of calendar year 2014 just for administrative expenses related to the Medicaid expansion.

There is no appropriation in the current state budget for this little surprise, which every pro-ObamaCare Democrat has been insisting for years would cost Kentucky nothing.

"If the corrupt bunch of crackers running this state gave a damn about the rule of law, this would be front page news," said David Adams, the Kentuckian suing the Governor in state court to stop his illegal implementation of the ObamaCare Medicaid expansion.

Louisville Courier Journal still owes us one

On September 30, when the Louisville Courier Journal's Joe Gerth wrote a column inaccurately describing my legal effort to stop Gov. Steve Beshear from illegally implementing, I asked the paper's editors for space to respond. They agreed to my request to print a 600 word response.

On Tuesday October 8, I emailed to the Courier a 593-word essay. I was asked to change one word in the second sentence to clarify that I am indeed personally involved in the legal effort underway currently. I did so and was then informed that my column would appear in the paper on Friday October 11. And it did.

Well, most of it. I read it quickly in the paper's online edition on Thursday night and remember thinking briefly that it didn't flow quite like I thought it did when I wrote it. But I didn't take time to think about it. Later, when I purchased a hard-copy version of the paper, I was surprised to notice a huge graphic at the top of the page, which usually indicates a shortage of content for the space.

Then, I read my column again and realized parts were missing from what I wrote. Pretty important parts.

You can click here and read what the Courier printed and then click here and read what I sent them. The version that made it into the paper is 558 words long.

The first thing removed was a complete sentence contemplating a new lawsuit against Beshear if he continues his illegal activity for a second year. That sentence read: "That suit would be distinct from the first in undisputedly involving expenditure of unappropriated funds." This is an important piece of information because a huge part of Beshear's legal argument is that in 2014, Kentucky's "exchange" is spending dollars given to it by the federal government. At the end of the year, those funds are gone and, unless Senate Republicans suddenly lose their minds and become Obama supporters, they won't be replaced by legally appropriated dollars.

The next altered segment was the following sentence, with everything past the comma removed: "The 2015 Kentucky gubernatorial race would then be substantially about ObamaCare, another prospect Democrats might relish now in their health reform utopian denial, but which reality just might bring home colored differently by then." This is significant because Democrats really need to start considering the millstone ObamaCare will be around their necks when it not only doesn't fix Kentucky's access to healthcare challenges, but actually makes them worse. Gov. Beshear's heady victory tour and caustic rhetoric for ObamaCare opponents may be lots of fun to watch now, but the aftereffects really won't benefit anyone, particularly if we don't resolve this festering problem of an executive who really seems to believe the law doesn't apply to him.

Merely replacing Beshear with a Republican who inherits the same illegitimate power we could and should take away now is a disaster in the making for Kentuckians of all political stripes. Making that point was the purpose for writing the column I wrote in the Courier. Attempting to lessen the impact of my essay, as the Courier did, serves only a lawlessness we should all agree to oppose.

Beshear's bad ObamaCare timing

Kentucky Governor Steve Beshear really doesn't want to hear you complain about ObamaCare anymore.

In two state court challenges to Beshear's illegal ObamaCare implementation earlier this year, he asked for citizen complaints to be rejected because, he said, we don't have the right to complain against his official actions regardless of their illegality. Of course, his anti-American argument was rejected twice.

Apparently, Gov. Beshear wants another bite at the apple.

Late Friday, Beshear filed a last-minute appeal to ask the Kentucky Court of Appeals to muzzle us by ruling citizens don't have legal standing to sue the governor when he violates state law. Beshear's legal team, which is paid for by taxpayer dollars, is simply trying to distract attention from his attempt to throw us into ObamaCare without legislative approval and delay further the legal butt-kicking he and his absurd arguments so richly deserve.

And he is trying to do this now that the ObamaCare health insurance premiums are available for all to see how ridiculously unaffordable they are, despite his wild, unfounded promises that hundreds of thousands of us would benefit. So if you are keeping score, that's illegal official actions blowing up Kentucky's health insurance market at great expense to taxpayers, lying to cover it up and now multiple attempts in the media and in court to tell Kentuckians to sit down and shut up.

Just keep talking, Governor.

Why Boehner and McConnell keep trying to cave on ObamaCare

 

As paltry ObamaCare registration numbers continue to roll in from across the nation, a mostly ignored aspect of the federal health mandate deserves a closer look: who gets all the tax penalty money.

 

"Pundits took for granted projections touting many millions gaining access to 'affordable' coverage were remotely accurate, but instead even the most highly subsidized ObamaCare plans remain out of reach for low-income people who will instead be subject to tax penalties," said David Adams, tea party activist. "It's an enormous regressive tax creating a slush fund from these powerless and voiceless people the Beltway establishment politicians have no use for, and that applies equally to Democrats and Republicans."

Kentucky ObamaCare turnabout

 

 

Kentucky Democrats may soon turn against ObamaCare in the interests of self-preservation.

 

If Kentucky's state-run health insurance exchange survives a legal challenge headed now to the Commonwealth's Supreme Court, it will then face a stiff immediate challenge in January.

 

Under KRS 12.028, the 2014 General Assembly must ratify Governor Steve Beshear's Executive Order 2013-0418, which belatedly "created" the Kentucky Health Benefit Exchange to run ObamaCare here. The Republican majority in our state Senate is not at all likely to give the health reform scheme their stamp of approval. We know that because Senators faced the same opportunity in 2013 with Gov. Beshear's Executive Order 2012-0587, which first attempted to create the Exchange. The House and Senate both refused to ratify that request. Beshear's insistence on continuing with ObamaCare implementation without proper approval sparked the lawsuit to stop him. His subsequent move to reissue the expired earlier executive order showed contempt for the legislature (the people's representatives) and also violated state law KRS 12.028(5).

 

If the Kentucky Supreme Court does not clean up this constitutional mess and legislative opponents of ObamaCare do not effectively reassert their improperly silenced voices, Democrats may soon wish they had. By subverting the legislative process in reorganizing state government without the legislature's imprimatur, Beshear set precedent for the next governor to do the same. And our next governor just might be a Republican.

 

Imagine the uproar on the left if in early 2020 a second-term conservative Republican governor filed executive orders making Kentucky a right to work state, repealing prevailing wage laws and seriously addressing pensions. If he then dared opponents to file lawsuits confident that his appointees to the state Supreme Court would back him up, today's Democratic leaders would have no one but themselves to blame.

If the legislature does not provide a new ObamaCare tax in the 2014 budget for the Exchange to continue in existence in 2015, it won't be able to operate. Most members of the legislature in both parties will have no incentive to bail out Obama in an election year. Frankfort Democrats seem to not yet have considered this.

 

Frankfort Republicans appear not to have thought much about it, either. At a recent luncheon in Lexington, Senate Majority Floor Leader Damon Thayer pondered an imminent state budget stalemate over ObamaCare funding by suggesting erroneously that under such we would risk "letting Steve Beshear run the government," referencing a Kentucky Supreme Court decision which actually states "the mere existence of a law does not mean that it must be implemented if doing so requires the expenditure of unappropriated funds."

 

Once this legal misunderstanding is worked out among Republicans, it's clear ObamaCare will be struck down by the General Assembly for the second year in a row. If Beshear refuses yet again in 2014 to shut down ObamaCare as the people's representatives demand, such action would generate conditions favorable for another lawsuit. That suit would be distinct from the first in undisputedly involving expenditure of unappropriated funds. Beshear's only pathway forward at that point would be to issue yet another executive order, setting the stage for another legal fight in another year -- his last in office. The 2015 Kentucky gubernatorial race would then be substantially about ObamaCare, another prospect Democrats might relish now in their health reform utopian denial, but which reality just might bring home colored differently by then. So for now, Kentucky Democrats should decide if they want to misuse authority to hold power they can't keep or reject the abuses of one of their own in order to prevent creation of a nasty turnabout forged by their own hands. 

Rand Paul should Ditch Mitch

It is time for Sen. Rand Paul to distance himself from Mitch McConnell.

 

Sen. McConnell made news this week for calling conservatives "traitors," losing an already questionable endorsement from an out-of-state tea party, and continuing to push Republicans to give up the battle against ObamaCare. Rand Paul does not need McConnell badly enough to put up with this craziness.

 

"Rand's political career got its first big boost opposing McConnell's bank bailout," said David Adams, tea party activist. "He has signaled his independence repeatedly with his actions in Washington D.C. and now we need our Tea Party Senator to step up and help us get rid of the last leader of lemmings from Kentucky."

Beshear's InvalidateGate heating up

Kentucky Gov. Steve Beshear's illegal and insanely expensive attempt to ram ObamaCare down Kentuckians' throats is finally starting to get some media attention. The key point is that he is subverting the Constitution of the Commonwealth of Kentucky and seeking to invalidate the people's voice, the legislature.

Scandal, I dub thee "InvalidateGate." Much more to come on this.

For now, here is WHAS11 video of me responding to a direct question about what Beshear is trying to do to us and then him responding by trying to change the subject.

Frankfort's head in sand ObamaCare game not working

We interrupt your regularly scheduled media whitewash with lesson in basic news gathering

Lost in the hoopla about ObamaCare starting on Tuesday was real information about consumer reaction. Data released by various states seemed to show some interest in details about available health plans, but pretty low conversion into actual completed applications.

But that's as far as the reporting went. There remains nothing substantial in the media about ObamaCare costs for consumers, though we have tried to get them to examine what is now available to everyone.

So how is the public really responding to this? Are they actually buying it? What are they buying and why?

Can't find out if you don't ask, so we asked:

Kentucky is Ground Zero for new fight

Gov. Steve Beshear needs a bailout for his ObamaCare health exchange already and he is not likely to get it.

 

Kentucky will be charged with generating tens of millions of dollars to fund the new bureaucracy starting January 1, 2015, which means House Democrats and Senate Republicans must agree in the upcoming budget session starting in three months to find that money and then spend it on ObamaCare.

 

Fat chance.

 

"Gov. Beshear created this mess illegally and I hope the Kentucky Supreme Court clarifies the law for him very soon, but even if they don't there is no way the legislature plays along with this fool's errand," said David Adams, plaintiff in two ongoing lawsuits against ObamaCare in Kentucky.

 

"This is national news if you think about it at all," Adams said. "Kentucky is ground zero for stopping ObamaCare and this is just the beginning for dismantling big government in America with proper use of constitutional protections. Stay tuned."

Kentucky Obamacrats have until 6:00 am when truth hits

Yahoo.com's Marketwatch has an odd post up headlined "The 50 states of ObamaCare." It seeks to provide some insight into ObamaCare health premiums, but is unclear and meaningless in its analysis. That said, the most noteworthy aspect of this "50 state" snapshot is that it doesn't include numbers from all fifty states.

That's because Kentucky is still hiding their rates.

From the article:
"The report analyzed rates in 47 states and Washington, D.C., including those already released by states running their own exchanges, as well as prices in 36 states where the federal government is running the marketplace. Hawaii, Kentucky and Massachusetts have yet to disclose their rates."

All the blustering about ObamaCare being a great thing in Kentucky smacks hard into reality starting at 6:00 am when the Kentucky Health Benefit Exchange web site goes live.

Tea Party stirs, wags, dominates

President Obama didn't just look small bellyaching about the Tea Party kicking him and the ruling class politicians in both parties around Washington D.C. He was dead wrong.

“One faction of one party in one house of Congress in one branch of government doesn’t get to shut down the entire government,” Mr. Obama told reporters Monday afternoon at the White House.

Check a copy of the United States Constitution, Mr. President. Don't hate the players, hate the game.

Tomorrow's not just another day

 

Governor Beshear continues ObamaCare trash-talking today in the Washington Post with a statement whose shelf life expires tomorrow:

 

"But I think opponents of the law are scared to death of being in position a year from now, where people look at them and wonder what all the noise was about as they sit here with an insurance policy that they can afford,” he said. 

 

We won't need a year, Governor. When the premiums for ObamaCare health plans are made widely available tomorrow, people will know that the "noise" is about shutting this ridiculous scheme down. Even with federal subsidies, the exchange plans are not going to be affordable. I have had these rates for three weeks. As soon as consumers consider the deductibles and co-payment requirements of these plans, they will understand why this critical information was kept from them for so long.

 

I will be at the Beshear ObamaCare pep rally at 10am in Louisville and look forward very much to seeing Kentucky media there and hearing all the excuses from Beshear and friends. Meanwhile, our two lawsuits whose purpose is shutting this nonsense down continue as we await Beshear's responses to Kentucky Supreme Court briefs.

Kentucky's public option plan gets puff-piece coverage

The Lexington Herald Leader printed an embarrassing piece of non-journalism today cheerleading for Kentucky's public option health plan, the Kentucky Health Cooperative. This new "insurance" company was created with federal dollars under ObamaCare. Janie Miller, the group's CEO and a former state insurance regulator, falsely claimed that she could not release premium rates until tomorrow.

Miller could release the premium rates if she wanted to and the Lexington Herald Leader had access to them three weeks ago but refused to even look. Here's why: a 21 year old male non-smoker in Lexington can currently get a $2500 deductible plan with 30% co-pay for $58.85. A similar plan with the co-op ($2000 deductible and 35% co-pay in network only) will cost the same person $155.84 in January. If this person has an $18,000 a year income, federal subsidy would drop his cost down to $64.65 with taxpayers picking up the difference. If this person has a $20,000 a year income, federal subsidy would put his cost at $85.17. If this person has a $26,000 a year income he will be considered "rich" and get no subsidy.

Miller also claims that 75% percent of Kentucky's uninsured population not eligible for Medicaid will sign up for ObamaCare coverage by December 15. That's completely insane and would not be allowed to go unanswered in a newspaper if we had a functioning media in this state.

The article is here.

Kentucky ObamaCare officials "befuddled"

ObamaCare pep rally in Louisville on Tuesday

A troika of Kentucky left-wing politicians will host an ObamaCare pep rally on Tuesday, October 1, 2013 in Louisville. Lieutenant Governor Jerry Abramson, Mayor Greg Fischer and Congressman John Yarmuth are expected to celebrate the federal launch at 10 am at Jefferson Community and Technical College in room 166B of the Health Science Building at the corner of 2nd and Chesnut.

Presumably they will be expected at some point to answer questions about the outrageous ObamaCare health premiums we have tried for three weeks to get the media to pay attention to. That should be interesting.

Come and see this in person if you can and help show that not everyone is fooled by big government games.

Beshear's Big Apple buffoonery

If Kentucky Gov. Steve Beshear believes the crap he wrote in today's New York Times, he should be first in line for ObamaCare's new -- absurdly unaffordable -- mental health benefits.

"For the first time, we will make affordable health insurance available to every single citizen in the state," Beshear claims, falsely, in an op-ed.

First, we've seen the new ObamaCare rates despite the best efforts of the "most transparent" politicians in history and the big media sycophants who serve them. They aren't affordable even when federally subsidized. More important, health care was much more available and affordable before government started taking it over half a century ago. Beshear and Obama are merely completing that process.

Beshear flatly states, as he has many times before, that 308,000 Kentuckians will go from being uninsured to joining the ranks of those covered by Medicaid. While the number we should really be concerned with is that representing people who drop or forgo private coverage in favor of joining Medicaid, giving people a Medicaid card and making it illegal for them to purchase private coverage on the exchange (as ObamaCare does) will mean less than nothing as providers run away from Medicaid and leave longer lines for lower quality services.

Beshear repeats his claims that Medicaid expansion will be a positive for the economy in Kentucky. How many such false claims must we endure before the fact that big government redistribution schemes don't grow the economy sinks in?

Beshear says 332,000 uninsured Kentuckians will have gain newfound access to affordable coverage with ObamaCare. This lie will be unmasked in dramatic fashion on Tuesday when the well-hidden premiums (and deductibles) are pulled out of hiding and into the daylight.

Beshear finishes his essay as he has all of his ObamaCare speeches -- with a political attack. The hard cold fact Beshear hopes to keep hidden (and his big media friends are doing a great job of assisting) is that Beshear broke the law in a profound way in promoting ObamaCare simply because he wanted to and thought no one would act to stop him. His July 2012 executive order creating the new bureaucracy we know as the Kentucky Health Benefit Exchange reorganized state government, rewrote state law and mandated expenditures without legislative approval. KRS 12.028 provides for the governor to do so on a temporary basis, but requires ratification by the full legislature in the next succeeding General Assembly session. Failing that, the statute mandates expiration of the temporary order's provisions ninety days after the session ends. On that ninetieth day, Beshear issued a second executive order re-creating the "exchange," which is also prohibited by the same statute. Think about it: if the governor is allowed to make desired temporary changes to state government without required legislative approval and simply rewrite those changes when they expire, why do we even bother having a legislature at all? A governor so empowered could make any change to statute, raise any tax and spend any amount of money without a legislative vote. Supporters of ObamaCare and Beshear's big-government, left wing ideas may reconsider their zeal for this kind of illegal behavior when the governor is a conservative Republican. But then it will be too late.

Beshear acted with similar lawlessness in effecting the Medicaid expansion. KRS 205.520(3) requires the governor to seek administrative review of actions attempting to achieve additional federal dollars for "medical assistance." This process is spelled out very clearly in KRS 13A. He failed to even initiate this process and now, as the law makes clear, it is too late to even start. The law demands that the Medicaid expansion under ObamaCare can never happen in Kentucky.

Both the illegal creation of the ObamaCare exchange in Kentucky and the Medicaid expansion are being actively challenged in Kentucky's courts right now. Briefs have been filed with the Kentucky Supreme Court and a response from Beshear is pending. Kentuckians will ultimately get the kind of government we deserve; I can only hope we realize that we and our progeny deserve better than this.

Feel better about wasting $252 million now?

Kentucky ObamaCare head crumbles in committee

The executive director of Kentucky Health Benefit Exchange couldn't answer legislator questions today in Frankfort about outrageous deductibles on 2014 ObamaCare health plans or about state funding for the exchange when federal funds run out at the end of 2014.

Carrie Banahan mumbled and demurred during today's budget committee meeting and did not answer direct questions about how unaffordable even the most subsidized health plans will be in Kentucky under ObamaCare. She adamantly declared ignorance when asked specifically how the state would pay for its illegal exchange.

The illegal executive order filed by Gov. Steve Beshear in 2013 to create the exchange also attempts to create a funding mechanism for the exchange with a new insurance tax. That executive order, if the Kentucky Supreme Court doesn't throw it out first, would have to be ratified by the 2014 General Assembly. There is no chance of that happening.

Kentucky's 2014 Humana ObamaCare subsidized health premium rates shockingly high

A 25 year old single Franklin County, Kentucky non-smoker with a $25,000 annual income purchasing a Humana Silver plan effective January 1, 2014 will pay $144.17 per month for a $3250 deductible plan that pays all approved medical expenses after a $4750 maximum out of pocket limit is reached and all applicable federal subsidies are applied. Humana currently offers on ehealthinsurance.com a $3500 deductible plan with $3500 maximum out of pocket plan for the same person with a monthly premium of $86.57. Humana claims significant rate reductions in their 2014 approved rate request filing with the Kentucky Department of Insurance by limiting provider networks available to their customers.

Incidentally, this premium applies to all ages at this income level. Unsubsidized, this plan will cost $243.81 for an 18 year old and go higher from there based on age.

The same 25 year old person with a $40,000 annual income will receive no federal subsidy and will face a monthly premium of $206.87 for the closest available plan, in which the unsubsidized deductible is increased to $4600 and the unsubsidized maximum out of pocket limit is increased to $6300.

A 50 year old single Franklin County, Kentucky non-smoker with a $40,000 annual income purchasing a Humana Silver plan effective January 1, 2014 will pay $316.67 per month for a $4600 deductible plan that pays all approved medical expenses after a $6300 maximum out of pocket limit is reached and all applicable federal subsidies are applied. Humana currently offers on ehealthinsurance.com a $5000 deductible plan with $5000 maximum out of pocket plan for the same person with a monthly premium of $176.46. Humana claims significant rate reductions in their 2014 approved rate request filing with the Kentucky Department of Insurance by limiting provider networks available to their customers.

The unsubsidized premium for the same 50 year old would be $368.01 per month.

A Franklin County non-smoker with a $16,000 income purchasing a Humana Silver plan effective January 1, 2014 will pay $44.92 per month for a $3250 deductible plan that pays all approved medical expenses after a $4750 maximum out of pocket limit is reached and all applicable federal subsidies are applied. That means this person would have to spend more than twenty percent of his or her annual income before gaining the benefit of major medical health insurance.

Beshear plan to dump state employees moves forward

Governor Steve Beshear sent two lawyers to talk to the Committee on State Government today in Frankfort about wild cost increases in the state employee health plan.

Commissioner of the Department of Employee Insurance Joe Cowles attempted to deflect attention from increased costs and it mostly worked. Some legislators complained about a high volume of calls from state workers shocked by their 2014 plans, but their concerns, if any, were eerily low-key.

Senator Ernie Harris told Cowles that the Administration's plans might "save the state." They are being led like lambs to slaughter. Tomorrow at 1pm, the same dog-and-pony show goes before the Appropriations and Revenue Committee, which just might have reason to be a little more attentive.

Pitchforks and torches for Mitch McConnell right now

Hundreds of concerned Kentucky citizens will converge on Sen. Mitch McConnell's Louisville office at 11am Wednesday morning to shake him up on ObamaCare.

At issue is Sen. McConnell's insistence on allowing Senate Majority Leader Harry Reid to remove continuing resolution ObamaCare defunding language with only a majority of senators, rather than 60. McConnell's actions, in keeping with his long-standing fight against conservatives on this, would make defunding ObamaCare harder.

McConnell is running very misleading ads on television in Kentucky portraying himself as an ObamaCare opponent while he works behind the scenes to undermine conservative efforts to kill the federal takeover of the American healthcare system.

McConnell insists privately that caving in and waiting for the law to fail under its own weight will work to end ObamaCare. We are still waiting for that strategy to work with defeating Social Security, Medicare and Medicaid.

Beshear fines Humana $65,000 for telling truth about rates

Humana sent letters out to health insurance customers in Kentucky this summer warning them that ObamaCare will cause their premiums to explode upward in January and advising them how to limit harm to their personal finances caused by radical left-wing politicians. The Kentucky Department of Insurance fined Humana $65,000 in August for their efforts, in every way punishing them for telling the truth.

Gov. Steve Beshear has repeatedly violated state law to ram through ObamaCare, by creating an ObamaCare "exchange" at state taxpayer expense without legislative approval and by expanding Medicaid without completing legally required administrative review. Both of these issues are on their way to the Kentucky Supreme Court. Punishing truth-telling with massive fines is certainly in keeping with Beshear's disdain for the rule of law, but continued silence by Republican "leaders" should disgust every Kentuckian.

We must criminalize violations of KRS 12.028 and KRS 205.520(3) to ease removal of politicians like Beshear for subverting the legislative process.

Beshear crushes Kentucky's poor

Kentucky Governor Steve Beshear has spent four months filling desperate citizens with false hope promoting an impossible ObamaCare pipedream and the time has come for him to face the music.

Kentucky Supreme Court case 2013-SC-000652-T represents the first step toward getting Gov. Beshear right with our state's most vulnerable people by nullifying his illegal attempt to expand Medicaid eligibility, a state option under the Affordable Care Act.

"Governor Beshear has broken the law, lied in court and lied to the people of Kentucky promoting a ridiculous ObamaCare scheme that becomes more hated as more information becomes available," said David Adams, plaintiff in the lawsuit.

"Beshear is now hiding behind court rules to delay into October well-deserved punishment for his crimes," Adams said. "If he has any pride left he should respond immediately to the Supreme Court so we can get all this out in the open before wasting billions of dollars further wrecking our healthcare system."

Beshear violated KRS 205.520(3) by not initiating the KRS 13A administrative review process of the proposed Medicaid expansion, falsified court documents to downplay risks of accepting the expansion and has falsely portrayed Medicaid expansion as initially cost-free to the Commonwealth, risk-free to our existing Medicaid population and revenue-positive to the General Fund.

Obama/Beshear drop Syria, declare war on Kentucky

The Obama Administration's Environmental Protection Agency is set to post new regulations, perhaps today, that would make building of new coal-fired power plants impossible anywhere in America.

This action would hasten an untimely death for affordable electricity in Kentucky. Obama's advocacy for killing coal deserves a stronger response from the Bluegrass State than Governor Steve Beshear's squishy letter to the EPA, especially after Beshear has done backflips for the President in subverting state law trying to force job-killing ObamaCare on us, too.

Come on, Gov. Beshear. You can do better than this.

Why Kentucky probably won't have Anthem in a year

When Kentucky politicians rammed through their version of HillaryCare in 1994, all the individual health plans but Anthem fled the state. In 2014, it's payback time and Anthem will pay very hard.

Only three insurers will play in Kentucky's ObamaCare "exchange" and Anthem will be the most expensive, by a long shot. Worse, I ran my family's ages through Anthem's current and 2014 rate charts and found their premiums more than doubling as ObamaCare takes full effect in January.

Humana will be a major beneficiary of the likely demise of Anthem, but the real winner appears to be the federally-created Kentucky Health Cooperative with the state's lowest premiums. In other words, the single-payer dream has almost been fulfilled in Kentucky.

All the more reason to keep the pressure up on Kentucky's incompetent and destructive health regulation bureaucracy with three state lawsuits headed to the Kentucky Supreme Court and more on the way soon. Stay tuned for details.