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.
Tuesday, September 24, 2013
Thursday, September 19, 2013
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.
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.
Wednesday, September 18, 2013
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.
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.
Monday, September 16, 2013
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.
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.
Friday, September 13, 2013
Kentucky's ObamaCare fight moves to state Supreme Court
Kentucky's tea party challenge to state implementation of ObamaCare took a big step forward today with the first in a series of arguments to reach the Commonwealth's Supreme Court.
David Adams said the case centered on preventing "improper and illegal use of government powers to effect an optional expansion of Kentucky's Medicaid program under the Affordable Care Act."
Adams is petitioning the Court to transfer his appeal immediately from the Court of Appeals in order to gain a faster resolution to the case. Governor Steve Beshear and Cabinet for Health and Family Services Secretary Audrey Haynes are the Respondents.
"Respondents cited KRS 205.520(3) and KRS 194A.050(1) as providing justification for their actions, while ignoring that both statutes explicitly call for the Commonwealth's regulatory review process to be engaged and completed," Adams said. "That is the first key fact in this case, but it was ignored by Respondents and by the Circuit Court."
Beshear and Haynes have claimed throughout the case that legal limits on their powers under state statute were of no consequence because they are merely obeying federal law and that the expansion can be reversed later at the state's option when it becomes clear the expansion is unaffordable and not a workable solution to the state's indigent care problem. The U.S. Supreme Court, however, made clear that the Medicaid expansion is optional for states and the supposed state withdrawal option simply does not exist.
The issue of the false claim of a state exit strategy was a contentious one in Franklin Circuit Court written and oral arguments, but was ignored by Judge Phillip Shepherd in his September 3 ruling in favor of the Medicaid expansion.
Governor Beshear's failure to follow Kentucky's administrative review process earlier this year when there was time to complete the process legally -- it can easily take nine months for a contentious issue -- now boxes him in to claiming that there is no process limiting his actions, despite ample clarity in statute. Inexplicably, that strategy worked in the Circuit Court. It is now a key part of the appeal.
"KRS 13A.090 states 'the courts shall take judicial notice of any administrative regulation duly filed under the provisions of this chapter after the administrative regulation has been adopted.' In this instance, an administrative action effecting the optional Medicaid expansion was neither 'duly filed' nor 'adopted' pursuant to Kentucky law," Adams said. "The Franklin Circuit Court ignored those facts and recognized a regulation that does not exist."
Adams said the time for initiating the process of accepting the Medicaid expansion has now passed.
"Before required public hearings, discussion and votes could take place to possibly adopt the administrative regulation necessary to effect the ACA Medicaid expansion, the provision would pass beyond being a state option as it is now to becoming a part of permanent federal law on January 1, 2014 without legal and proper completion of the review process required by KRS 13A," Adams said. "The law, once subverted in this way, renders the voice of the people silent in all matters proscribed by law to be governed by regulatory review."
The two sides now await word from the Supreme Court to set up a hearing schedule.
David Adams said the case centered on preventing "improper and illegal use of government powers to effect an optional expansion of Kentucky's Medicaid program under the Affordable Care Act."
Adams is petitioning the Court to transfer his appeal immediately from the Court of Appeals in order to gain a faster resolution to the case. Governor Steve Beshear and Cabinet for Health and Family Services Secretary Audrey Haynes are the Respondents.
"Respondents cited KRS 205.520(3) and KRS 194A.050(1) as providing justification for their actions, while ignoring that both statutes explicitly call for the Commonwealth's regulatory review process to be engaged and completed," Adams said. "That is the first key fact in this case, but it was ignored by Respondents and by the Circuit Court."
Beshear and Haynes have claimed throughout the case that legal limits on their powers under state statute were of no consequence because they are merely obeying federal law and that the expansion can be reversed later at the state's option when it becomes clear the expansion is unaffordable and not a workable solution to the state's indigent care problem. The U.S. Supreme Court, however, made clear that the Medicaid expansion is optional for states and the supposed state withdrawal option simply does not exist.
The issue of the false claim of a state exit strategy was a contentious one in Franklin Circuit Court written and oral arguments, but was ignored by Judge Phillip Shepherd in his September 3 ruling in favor of the Medicaid expansion.
Governor Beshear's failure to follow Kentucky's administrative review process earlier this year when there was time to complete the process legally -- it can easily take nine months for a contentious issue -- now boxes him in to claiming that there is no process limiting his actions, despite ample clarity in statute. Inexplicably, that strategy worked in the Circuit Court. It is now a key part of the appeal.
"KRS 13A.090 states 'the courts shall take judicial notice of any administrative regulation duly filed under the provisions of this chapter after the administrative regulation has been adopted.' In this instance, an administrative action effecting the optional Medicaid expansion was neither 'duly filed' nor 'adopted' pursuant to Kentucky law," Adams said. "The Franklin Circuit Court ignored those facts and recognized a regulation that does not exist."
Adams said the time for initiating the process of accepting the Medicaid expansion has now passed.
"Before required public hearings, discussion and votes could take place to possibly adopt the administrative regulation necessary to effect the ACA Medicaid expansion, the provision would pass beyond being a state option as it is now to becoming a part of permanent federal law on January 1, 2014 without legal and proper completion of the review process required by KRS 13A," Adams said. "The law, once subverted in this way, renders the voice of the people silent in all matters proscribed by law to be governed by regulatory review."
The two sides now await word from the Supreme Court to set up a hearing schedule.
Thursday, September 12, 2013
Much cheaper to throw state employees into ObamaCare
The individual per person cost of insuring a Kentucky state employee under their new plan in 2014 will be $933.16 a month. That applies to every individual employee regardless of any factors that might otherwise impact an insurance premium rate. Under ObamaCare, a Louisville resident age 64, non-smoker who chooses a $6300 deductible will have a total cost of insurance of $905.73 a month if he uses up all of his deductible.
Most state employees, obviously, are less than 64 and won't use up all of a $6300 deductible for the Bronze plan, which is projected to be the most popular ObamaCare plan.
I've had several legislators tell me Gov. Beshear can't throw the state employees into ObamaCare without legislative approval. That, of course, depends on what the Kentucky Supreme Court thinks KRS 12.028 means when it says the same thing.
And to be clear, this is no endorsement of ObamaCare. It's just that the state employee plan was purposely set up this year to be far worse even than that. A 26 year old Louisville resident and non-smoker on the same ObamaCare plan will have a monthly cost of $659.95. That's horrible compared to 2013, but a bargain compared to costs on the state plan.
Most state employees, obviously, are less than 64 and won't use up all of a $6300 deductible for the Bronze plan, which is projected to be the most popular ObamaCare plan.
I've had several legislators tell me Gov. Beshear can't throw the state employees into ObamaCare without legislative approval. That, of course, depends on what the Kentucky Supreme Court thinks KRS 12.028 means when it says the same thing.
And to be clear, this is no endorsement of ObamaCare. It's just that the state employee plan was purposely set up this year to be far worse even than that. A 26 year old Louisville resident and non-smoker on the same ObamaCare plan will have a monthly cost of $659.95. That's horrible compared to 2013, but a bargain compared to costs on the state plan.
Wednesday, September 11, 2013
State employee health plans a dangerous ripoff
The Kentucky state employee health plans are out for 2014 and it is not a pretty sight.
The cheapest Humana plan, called Standard CDHP costs $641.50 for an individual plan. The employee contribution into that amount is $12.98 and the rest comes from taxpayers. We fund the plan with $250 for the employee to spend on co-payments and deductible for the year. The maximum out-of-pocket liability for the employee is $3500 and the deductible is $1750.
That means in addition to the monthly premium, the customer is on the hook for the first $1750 in medical expenses each year. That's the equivalent of a zero deductible plan costing 787.33 a month (641.60 + (1750/12)). After the deductible, it's a 70/30 plan. That means anything substantial gets you up to the $3500 annual out-of-pocket -- which includes the deductible. So if you add the additional $145.83 a month in for the additional out of pocket ((3500-1750)/12), we are paying $933.16 per month for health coverage for each employee.
It's not hard to imagine that whoever negotiated these rates for our state employees had in mind a plan to go back and argue that it would be cheaper to just throw them all on the ObamaCare "exchange."
It's yet another reason to storm the castle to stop Gov. Beshear from illegally throwing us into ObamaCare.
The cheapest Humana plan, called Standard CDHP costs $641.50 for an individual plan. The employee contribution into that amount is $12.98 and the rest comes from taxpayers. We fund the plan with $250 for the employee to spend on co-payments and deductible for the year. The maximum out-of-pocket liability for the employee is $3500 and the deductible is $1750.
That means in addition to the monthly premium, the customer is on the hook for the first $1750 in medical expenses each year. That's the equivalent of a zero deductible plan costing 787.33 a month (641.60 + (1750/12)). After the deductible, it's a 70/30 plan. That means anything substantial gets you up to the $3500 annual out-of-pocket -- which includes the deductible. So if you add the additional $145.83 a month in for the additional out of pocket ((3500-1750)/12), we are paying $933.16 per month for health coverage for each employee.
It's not hard to imagine that whoever negotiated these rates for our state employees had in mind a plan to go back and argue that it would be cheaper to just throw them all on the ObamaCare "exchange."
It's yet another reason to storm the castle to stop Gov. Beshear from illegally throwing us into ObamaCare.
Will Beshear wait to screw KY Supreme Court justices?
Kentucky Gov. Steve Beshear is quietly completing plans to throw state employees, including the seven Supreme Court justices he needs to approve his illegal ObamaCare implementation actions, into the state health insurance "exchange."
State employees are just now being notified of massive premium rate increases for 2014 caused by ObamaCare, and Beshear's hope is apparently to attempt to capitalize on the confusion of the run-up to the launch of the massive federal program to announce the shift as a major cost-cutting move for the state.
Steve Beshear's bad faith dealings with the people of Kentucky include violating state law where it limits his power to act without proper approval and then falsifying court documents to hide his criminal activity. Kentuckians of all political stripes must reject his lawlessness. A good place to start is to criminalize violations of KRS 12.028, which Gov. Beshear used to start this whole mess.
State employees are just now being notified of massive premium rate increases for 2014 caused by ObamaCare, and Beshear's hope is apparently to attempt to capitalize on the confusion of the run-up to the launch of the massive federal program to announce the shift as a major cost-cutting move for the state.
Steve Beshear's bad faith dealings with the people of Kentucky include violating state law where it limits his power to act without proper approval and then falsifying court documents to hide his criminal activity. Kentuckians of all political stripes must reject his lawlessness. A good place to start is to criminalize violations of KRS 12.028, which Gov. Beshear used to start this whole mess.
Monday, September 09, 2013
Emperor Beshear stripped naked
Kentucky Governor Steve Beshear's Department of Insurance thugs have insisted for over a month that health insurance rates for 2014 weren't ready for public inspection yet. We now know this was not true.
Beshear will hold a hastily-arranged pro-ObamaCare rally tomorrow in Frankfort to attempt to spin the disastrous new premiums. Stand by for details to be made available as we get them.
Saturday, September 07, 2013
Biggest left-wing newspaper sitting on Kentucky story
Reporters at the New York Times have known about what is happening with ObamaCare in Kentucky for many months, but you wouldn't know it from reading their newspaper.
Minutes ago, someone at the large, old and powerful left-wing paper checked in here for the latest and read our big news confirming ObamaCare's devastation of Kentucky's health insurance market. Here's the proof:
They and the rest of the journalistic hacks sitting on ObamaCare stories can continue to play dumb if they want, but you know better.
Friday, September 06, 2013
Humana actuary confirms ObamaCare rate shock
Humana actuary Nick Mueller today confirmed the Kentucky Department of Insurance has approved ObamaCare health premiums very close to the eighty percent increase he requested in June.
Internal Department of Insurance documents received today from Lori Brown at the Department contain final, approved premium information for Humana, Anthem and Kentucky Health Cooperative, the only three companies who applied to participate in the Kentucky Health Benefit Exchange. Anthem and the Kentucky Health Cooperative got exactly what rates they applied for, while Humana received a cut of less than one percent from their initial proposed increase.
Humana's rates appear to be the cheapest across the board of all three companies.
This information was acquired through an open records request served on the Department of Insurance last Friday, despite their receipt three years ago of a federal grant to improve transparency and to specifically make rate information available without the necessity of an open records request.
Other reporters who have gone to the Department seeking this information today have been told that it is not available. Kentucky Progress will fix that on Monday.
The Kentucky Health Benefit Exchange is a state entity created by Gov. Beshear under a temporary state government reorganization Executive Order in 2012. It's creation was not ratified by the 2013 General Assembly, which is required by KRS 12.028. Its continued operation is currently being challenged in state courts.
Internal Department of Insurance documents received today from Lori Brown at the Department contain final, approved premium information for Humana, Anthem and Kentucky Health Cooperative, the only three companies who applied to participate in the Kentucky Health Benefit Exchange. Anthem and the Kentucky Health Cooperative got exactly what rates they applied for, while Humana received a cut of less than one percent from their initial proposed increase.
Humana's rates appear to be the cheapest across the board of all three companies.
This information was acquired through an open records request served on the Department of Insurance last Friday, despite their receipt three years ago of a federal grant to improve transparency and to specifically make rate information available without the necessity of an open records request.
Other reporters who have gone to the Department seeking this information today have been told that it is not available. Kentucky Progress will fix that on Monday.
The Kentucky Health Benefit Exchange is a state entity created by Gov. Beshear under a temporary state government reorganization Executive Order in 2012. It's creation was not ratified by the 2013 General Assembly, which is required by KRS 12.028. Its continued operation is currently being challenged in state courts.
Wednesday, September 04, 2013
Another try for "Governor Transparency"
When Steve Beshear was first running for Governor, his favorite word was "transparency." Since he has been in office, though, his campaign rhetoric has dissipated to nothing.
A sleepy state media has probably emboldened Beshear in his secrecy.
The case of the 2014 ObamaCare health insurance premiums currently unfolding paints a rather unflattering portrait of politician and press alike.
The hottest news story in the country in 2013 has been ObamaCare. Will it work; will it be a hugely expensive disaster? You know the drill.
Kentucky's coverage has been rather sparse as well as one-sided bordering on cheerleading for President Obama's top legislative agenda item.
After several weeks of begging, cajoling, screaming and pestering, I've finally gotten a commitment from Kentucky Department of Insurance officials that sometime on Friday they will give me access to next year's rates -- some of which have been finalized more than a month.
It should be an unending source of embarrassment to our state media that I am getting this first.
A sleepy state media has probably emboldened Beshear in his secrecy.
The case of the 2014 ObamaCare health insurance premiums currently unfolding paints a rather unflattering portrait of politician and press alike.
The hottest news story in the country in 2013 has been ObamaCare. Will it work; will it be a hugely expensive disaster? You know the drill.
Kentucky's coverage has been rather sparse as well as one-sided bordering on cheerleading for President Obama's top legislative agenda item.
After several weeks of begging, cajoling, screaming and pestering, I've finally gotten a commitment from Kentucky Department of Insurance officials that sometime on Friday they will give me access to next year's rates -- some of which have been finalized more than a month.
It should be an unending source of embarrassment to our state media that I am getting this first.
Tuesday, September 03, 2013
Tea Party headed to Kentucky Supreme Court
Franklin Circuit Court Judge Phillip Shepherd ruled today in favor of Kentucky Gov. Steve Beshear's illegal actions to force his state into ObamaCare.
Shepherd ruled KRS 12.028, which provides the Governor with temporary reorganization powers, ignored language in section 5 of that statute which requires re-issuance of temporary restructuring to wait until after the 2014 General Assembly session starts. Gov. Beshear created the Kentucky Health Benefit Exchange under a 2012 Executive Order which was not ratified by the 2013 General Assembly. He then issued a new Executive Order creating the Kentucky Health Benefit Exchange, an action which is specifically prohibited by this statute.
Shepherd also ruled that the regulatory process explicitly required by KRS 205.520(3) and KRS 194A.050(1) does not apply to Gov. Beshear in expanding Medicaid, though it clearly does.
Governor Beshear had to lie in court and break state law in order to pretend to have authority specifically denied him by statute and the Constitution. He needed a judge to ignore these facts and now he needs four of seven who are elected in districts whose people understand and oppose ObamaCare. I don't think he can do it.
Shepherd ruled KRS 12.028, which provides the Governor with temporary reorganization powers, ignored language in section 5 of that statute which requires re-issuance of temporary restructuring to wait until after the 2014 General Assembly session starts. Gov. Beshear created the Kentucky Health Benefit Exchange under a 2012 Executive Order which was not ratified by the 2013 General Assembly. He then issued a new Executive Order creating the Kentucky Health Benefit Exchange, an action which is specifically prohibited by this statute.
Shepherd also ruled that the regulatory process explicitly required by KRS 205.520(3) and KRS 194A.050(1) does not apply to Gov. Beshear in expanding Medicaid, though it clearly does.
Governor Beshear had to lie in court and break state law in order to pretend to have authority specifically denied him by statute and the Constitution. He needed a judge to ignore these facts and now he needs four of seven who are elected in districts whose people understand and oppose ObamaCare. I don't think he can do it.
Beshear wasting $4.2 million ObamaCare grant
Kentucky's Department of Insurance is ignoring multiple open records requests for 2014 individual market health insurance rates under ObamaCare despite accepting more than $4.2 million in federal grant money over the last three years to improve transparency of the rate review process.
In fact, a federal grant application summary from 2011 promises "(t)he State will also enhance its website further to allow consumers access to rate filings without going through the open records process."
Employers and insurance brokers around the state report group health premium rates almost doubling from 2013 to 2014 with ObamaCare taking effect, an unprecedented explosion in health insurance costs.
According to the Department of Insurance web site, all the health plans set to participate in the Kentucky Health Benefit Exchange individual market had their rates approved in August.
The incompetence and fraud on display at the Kentucky Department of Insurance and the lack of media coverage of same is easily the biggest political scandal of 2013 in the state. A functioning Republican Party would be all over this.
In fact, a federal grant application summary from 2011 promises "(t)he State will also enhance its website further to allow consumers access to rate filings without going through the open records process."
Employers and insurance brokers around the state report group health premium rates almost doubling from 2013 to 2014 with ObamaCare taking effect, an unprecedented explosion in health insurance costs.
According to the Department of Insurance web site, all the health plans set to participate in the Kentucky Health Benefit Exchange individual market had their rates approved in August.
The incompetence and fraud on display at the Kentucky Department of Insurance and the lack of media coverage of same is easily the biggest political scandal of 2013 in the state. A functioning Republican Party would be all over this.
Monday, September 02, 2013
Do left wing blog readers hate garlic, too?
All I did earlier today was helpfully post information to the biggest leftist political blog, Daily Kos, hoping to stir up a conversation about separation of powers and constitutional limits on elected officials.
Before banning me for life for my trouble, they pretty much responded like vampires to sunlight. Pretty funny stuff.
Before banning me for life for my trouble, they pretty much responded like vampires to sunlight. Pretty funny stuff.
Sunday, September 01, 2013
Criminalize Beshearism
Kentucky Gov. Steve Beshear seems to be determined to gain a legacy of law-breaking. Kentuckians must respond by criminalizing his illegal behavior so his shenanigans are not repeated.
Specifically, when Beshear violated KRS 12.028, he did so knowing there was no penalty for his actions. In fact, he clearly expected to get away with it. KRS 12.028 should be amended to penalize any governor who attempts to reorganize government as the statute provides without following the requirements of the statute. Specifically, when Beshear sought to create the Kentucky health benefit exchange via executive order he needed subsequent ratification of his temporary action by the legislature to make it permanent. He did not get such ratification. Though the law clearly states that the executive order then becomes null and void, Beshear has attempted to ignore that limitation on his power by continuing to develop the ObamaCare "exchange."
The statute contains no criminal penalties for violation of its provisions. It needs them. A member of the Kentucky General Assembly with courage should file a bill creating criminal penalties for a governor who ignores these legal limits.
Also, when Gov. Beshear sought to expand Medicaid under ObamaCare he claimed KRS 205.520(3) gave him the authority to do so. It does, but with the provision that such may be effectuated only "by regulation." Gov. Beshear has ignored that part of the statute and has, therefore, violated that statute. He has waited so long to initiate the administrative review process that it can not now be used to expand Medicaid under the provisions of PPACA -- ever. Case law in Kentucky provides for statutes that are abused like this can be found unconstitutional. Both statutes are being challenged in this manner in Franklin Circuit Court.
If the statutes are not found unconstitutional, they should be amended to include criminal penalties. Those bills should be pre-filed immediately.
Specifically, when Beshear violated KRS 12.028, he did so knowing there was no penalty for his actions. In fact, he clearly expected to get away with it. KRS 12.028 should be amended to penalize any governor who attempts to reorganize government as the statute provides without following the requirements of the statute. Specifically, when Beshear sought to create the Kentucky health benefit exchange via executive order he needed subsequent ratification of his temporary action by the legislature to make it permanent. He did not get such ratification. Though the law clearly states that the executive order then becomes null and void, Beshear has attempted to ignore that limitation on his power by continuing to develop the ObamaCare "exchange."
The statute contains no criminal penalties for violation of its provisions. It needs them. A member of the Kentucky General Assembly with courage should file a bill creating criminal penalties for a governor who ignores these legal limits.
Also, when Gov. Beshear sought to expand Medicaid under ObamaCare he claimed KRS 205.520(3) gave him the authority to do so. It does, but with the provision that such may be effectuated only "by regulation." Gov. Beshear has ignored that part of the statute and has, therefore, violated that statute. He has waited so long to initiate the administrative review process that it can not now be used to expand Medicaid under the provisions of PPACA -- ever. Case law in Kentucky provides for statutes that are abused like this can be found unconstitutional. Both statutes are being challenged in this manner in Franklin Circuit Court.
If the statutes are not found unconstitutional, they should be amended to include criminal penalties. Those bills should be pre-filed immediately.
Monday, August 26, 2013
Kentucky health insurance secret ends Friday
Kentucky Department of Insurance officials confirm that 2014 individual health insurance rates will be approved by the end of this week. That comes six weeks after it became clear ObamaCare would blow up the state's health insurance market.
Expect a late Friday afternoon document dump and next week all kinds of ferocious spinning about how your own eyes are misleading you into thinking ObamaCare presents any kind of a problem.
Expect a late Friday afternoon document dump and next week all kinds of ferocious spinning about how your own eyes are misleading you into thinking ObamaCare presents any kind of a problem.
Friday, August 16, 2013
Rhymes with "smallpox"
Gov. Steve Beshear was in Lexington today ripping on Kentucky citizens who have challenged his ObamaCare-related law breaking.
"I believe these critics are blinded by a disease that I would call knee-jerk partisan politics, and that disease clouds their vision and quite frankly sometimes wonder if it doesn't harden their hearts a bit," Beshear told the Lexington Herald Leader.
Xerox officials stood by quietly and smiled while Beshear poured out his absurd ObamaCare attacks. Under state statute KRS 12.028 the 100 Xerox jobs they were celebrating today can not exist because they were not legally authorized.
This matter is currently being litigated in Franklin Circuit Court.
"I believe these critics are blinded by a disease that I would call knee-jerk partisan politics, and that disease clouds their vision and quite frankly sometimes wonder if it doesn't harden their hearts a bit," Beshear told the Lexington Herald Leader.
Xerox officials stood by quietly and smiled while Beshear poured out his absurd ObamaCare attacks. Under state statute KRS 12.028 the 100 Xerox jobs they were celebrating today can not exist because they were not legally authorized.
This matter is currently being litigated in Franklin Circuit Court.
Thursday, August 15, 2013
Hold your nose: McConnell likes parts of ObamaCare
In one television interview, Kentucky Senator Mitch McConnell managed to open up two cans of worms for himself on ObamaCare.
Better grab your nose.
"There are a handful of things in the 2,700-page bill that are probably are okay," Mitch told WYMT Hazard on Tuesday. Do tell, Senator, but please try to keep the waste in the hundreds of billions for the rest of us.
And speaking of waste, McConnell squanders more time distorting the effort to defund ObamaCare when he said "the problem with the bill that would shut down the government wouldn't shut down ObamaCare."
Senator McConnell, the bill supported by Senators Rand Paul, Mike Lee and Ted Cruz would prohibit federal spending on ObamaCare and destroy it too quickly for anyone to find out what parts of the law McConnell likes. The fact that mandates and taxes would stay on the books for a little while without any federal funding is a distinction without a difference if you are measuring distance between defunding and repealing.
Framing the debate as defunding the disastrous law in the current continuing resolution versus allowing the current spending plan to expire without a replacement is merely about buying time to unwind the law in an orderly fashion that works better for all Americans than stumbling on into the train wreck we are in no way ready for.
The truth Sen. McConnell doesn't want you to know is that his biggest campaign donors are perfectly happy with him making meaningless speeches about ObamaCare as long as he doesn't stop its implementation. That's what is really behind all this senatorial doubletalk.
Better grab your nose.
"There are a handful of things in the 2,700-page bill that are probably are okay," Mitch told WYMT Hazard on Tuesday. Do tell, Senator, but please try to keep the waste in the hundreds of billions for the rest of us.
And speaking of waste, McConnell squanders more time distorting the effort to defund ObamaCare when he said "the problem with the bill that would shut down the government wouldn't shut down ObamaCare."
Senator McConnell, the bill supported by Senators Rand Paul, Mike Lee and Ted Cruz would prohibit federal spending on ObamaCare and destroy it too quickly for anyone to find out what parts of the law McConnell likes. The fact that mandates and taxes would stay on the books for a little while without any federal funding is a distinction without a difference if you are measuring distance between defunding and repealing.
Framing the debate as defunding the disastrous law in the current continuing resolution versus allowing the current spending plan to expire without a replacement is merely about buying time to unwind the law in an orderly fashion that works better for all Americans than stumbling on into the train wreck we are in no way ready for.
The truth Sen. McConnell doesn't want you to know is that his biggest campaign donors are perfectly happy with him making meaningless speeches about ObamaCare as long as he doesn't stop its implementation. That's what is really behind all this senatorial doubletalk.
Wednesday, August 14, 2013
Another example of Facebook replacing mainstream media
Under ObamaCare, Kentuckians face enormous 2014 health premium increases you would never know about if you depended on mainstream media for your news.
Today's example comes from Lexington Trailer & Hitch, whose Anthem renewal specified a 94% increase if they renew in 2014 and only a 10% increase if they renew early before ObamaCare hits.
We learned about this, of course, on Facebook:
And if you are wondering, off-cycle policy renewal is not available to individuals.
Today's example comes from Lexington Trailer & Hitch, whose Anthem renewal specified a 94% increase if they renew in 2014 and only a 10% increase if they renew early before ObamaCare hits.
We learned about this, of course, on Facebook:
And if you are wondering, off-cycle policy renewal is not available to individuals.
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