Isakson Requests Attorney General’s Review of Senate Health Care Bill’s Constitutionality

Dec 23, 2009

WASHINGTON – U.S. Senator and Senate candidate Johnny Isakson, R-Ga., today joined U.S. Sen. Saxby Chambliss, R-Ga., in a letter urging Georgia Attorney General Thurbert Baker to review the constitutionality of the Medicaid deal Sen. Harry Reid, D-Nev., cut for the state of Nebraska in an effort to gain his 60th vote in favor of the Senate health care bill. The senators also asked Baker to review the entire bill to see if there are other provisions that might be unconstitutional.

Text of the letter is below:

Attorney General Baker:

The health care legislation that is expected to be passed tomorrow by the U.S. Senate, H.R.3590, The Patient Protection and Affordable Care Act, includes a provision for the state of Nebraska where 100 percent of the cost of all newly eligible Medicaid enrollees will be permanently borne by the United States Government instead of the traditional relationship that requires some form of state contribution.

This health care legislation will expand Medicaid eligibility by requiring states to cover all residents with incomes of up to 133 percent of the federal poverty level. This will increase the financial burden in Georgia by hundreds of millions of dollars at a time when our state can least afford it.

We have serious concerns about the constitutionality of the special deal for Nebraska as it results in special treatment for only one state in the nation at the expense of the other 49. While Georgia will have to struggle to come up with hundreds of millions of dollars to comply with the massive new federal Medicaid mandate, Nebraska does not have to come up with a single dollar.

Please inform us of any potential legal challenges that could be pursued by our state, either separately or jointly with other states, and your advice on how to proceed. We appreciate your assistance and look forward to reviewing your response.

Sincerely,

Johnny Isakson

Saxby Chambliss