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Minutes for SB252 - Committee on Public Health and Welfare

Short Title

Expanding medical assistance eligibility and implementing a health insurance plan reinsurance program.

Minutes Content for Thu, Feb 6, 2020

Attorney General Derek Schmidt gave a briefing on the status of current Affordable Care Act (ACA) litigation. He discussed the status of three cases - State of Texas, et al v United States, the ACA individual mandate case; State of Texas, et al v. United States, the Health Insurance Provider Fee case and Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (consolidated with Trump v. Pennsylvania). (Attachment 1)

On the individual mandate case the Supreme Court denied the motions to expedite and ordered the state plaintiffs and the federal government to file briefs in opposition, which were filed on February 3, 2020. He said it seems likely that the Court will decide whether to take the case before the end of the present term.

The plaintiff states of the The Health Insurance Provider Fee case filed their opening brief on January 29, 2020. Oral argument will be heard on or before June 10, 2020. It will likely be months before there is a final determination of the federal  government's obligation to repay the amounts wrongfully collected.

The United States has agreed to hear but has not yet scheduled, two cases involving the ACE and the Religious Freedom Restoration Act of 1993. Kansas has joined an amicus brief filed by 16 states that asserts that the current religious exemption rules ensure that proper respect is afforded to sincerely held religious objections to rules governing this area of health insurance and coverage. 

He answered questions from committee members

Chairman Suellentrop announced that discussion on SB252 would continue on Monday, February 10, 2020.