Florida's AG Threatens to Sue Federal Govt. Over Health Care Reform

03/16/10 Kate Bradshaw
WMNF Drive-Time News Tuesday | Listen to this entire show:


As the bill that would overhaul health care pushes through Congress, Republicans are fighting it on nearly all fronts. Today, Florida Attorney General Bill McCollum reiterated his plans to sue the federal government if it passes.

Attorney General McCollum says that the both the House and Senate versions of the bill are unconstitutional. Why? He says they violate the Interstate Commerce Clause. McCollum says this 16-word clause doesn’t give Congress the authority to compel individuals to buy health insurance. He calls this individual mandate a “living tax.”

In an analysis he sent to the National Association of Attorneys General, he cites several court cases that used this clause to argue against a law. But McCollum says he takes issue with other aspects of the legislation.

McCollum has assembled a coalition of state agencies to examine the bill’s financial impact in Florida. Among these are the Office of Insurance Regulation, the Department of Child and Family Services, the Department of Health, and the Agency for Health Care Administration, or AHCA, the agency that administers Medicaid. James McFaddin is the chief of staff for AHCA. He said these agencies have a neutral role.

McFaddin said McCollum might use information from these agencies to back his case against the federal government. It might include the additional costs Medicaid would require, since more people would qualify if the legislation is implemented.

Stetson University College of Law constitutional law expert Bruce Jacob says this is a convenient tack for a Republican who’s running for governor.

Jacob, who is known for his work on the landmark case Gideon v. Wainwright, says that compelling individuals to act is nothing new.

Jay Wolfson is a professor at USF Health as well as an adjunct at Stetson Law. He specializes in health care law. Wolfson says there’s another constitutional question that supersedes the Commerce Clause.

Some question if it’s appropriate for the attorney general to battle federal health care legislation, given that McCollum’s explicit role is to ensure public safety for Floridians. Democratic State Sen. Dave Aronberg, who is running for attorney general, calls McCollum’s actions political posturing, and questions how it protects Floridians.

The U.S. House is expected to vote on the health care package this week. It may use a strategy called deem and pass, which would amend the Senate version of the bill that passed in late 2009, to get it through quickly.

comments powered by Disqus



everybody has to have car insurance, everybody has to have homeowners insurance, so why should it be "un-constitutionell" that everybody should have health insurance? the chance that you get sick or have an accident is much higher, than that a hurricane hits you house. non-insured people occubying the ER's and hospitals and the costs of that are divided to all who paying for health insurance. on the other hand it should be a morale responsibility.

Thanks Bill

Thanks for advocating for the people and attempting to save us from this poorly thought out legislation. I've been an RN for 25 years and have experience dealing with private and government payers ( utilization and review ) TRUST ME YOU WANT THE GOVERNMENT OUT OF YOUR HEALTH CARE.

Surgical assistant

The govt. has no business in your healthcare. Medicare denies more claims than private insurance and when it does reimburse it does so at a drastically reduced rate. There is a reason a growing number of physicians refuse to see medicare patients. They lose money seeing them. In reply to having to have homeowner's insurance or automobile insurance, if you choose to own a home or auto yes. The govt. doesn't mandate that you own a home or car. Requiring anyone to purchase a product goes directly against the constitution. You won't need homeowners insurance in your govt. run apartment building and you won't need automobile insurance when you ride the govt. train to your govt. employment. Good luck you'll need it!!