Posts Tagged ‘federalism’
In the News
July 28, 2010Robert Moffit Weighs in on ObamaCare at Orange County Register
Robert Moffit, a top health care expert and senior fellow at Heritage, recently stopped by the editorial offices of the Orange County Register in California to discuss the impact we’re already feeling from ObamaCare.
Check out Moffit’s explanation of why ObamaCare is an attack on federalism and what the health reform law will mean for health care services and insurance. See the videos here.
Tags: federalism, health insurance, ObamaCare
Latest Research
July 15, 2010Obamacare: Impact on States
According to recent research from Heritage’s Ed Haislmaier and Brian Blase, the Patient Protection and Affordable Care Act will impose significant new costs on state government budgets, while also constituting a significant usurpation by the federal government of long-standing state authority over health insurance regulation.
State lawmakers must find ways to protect their constituents from the adverse effects of Obamacare. To learn how, click here.
Tags: federalism, Medicaid, ObamaCare, PPACA, states' rights
Latest Research
July 15, 2010Revitalizing Federalism: The High Road Back to Health Care Independence
In recent research, Heritage expert Robert E. Moffit, Ph.D., explains that Americans face a historic challenge to their personal liberty and to their unique citizenship in a federal republic due to the enactment of the massive Patient Protection and Affordable Care Act (PPACA). This piece of legislation is not merely a federal takeover of health care, but also radically alters the role of the federal government.
In other words, the PPACA is a direct threat to federalism itself. To read more, click here.
Tags: federalism, health care reform, Individual Mandate, ObamaCare, states' rights
In the News
July 2, 2010Exclusive: Virginia’s Cuccinelli Confident in Legal Challenge to Obamacare
A U.S. district court judge will decide within 30 days whether to dismiss Virginia’s lawsuit challenging the constitutionality of Obamacare. From the perspective of Virginia Attorney General Ken Cuccinelli, the stakes could not be higher. The fate of federalism, he believes, hangs in the balance.
“This case really goes to the foundations of this country,” Cuccinelli said last night in an exclusive interview. “It is truly a case about the outer limits of federal power under the Constitution. It’s really not a case about health care. It’s a case about liberty. … It is a sad state of affairs when all that stands between us and the end of federalism is one lawsuit.”
But that lawsuit is not over yet — and Cuccinelli said he is optimistic it won’t be over anytime soon.
Tags: constitutionality, federalism, Individual Mandate, ObamaCare, U.S. Health and Human Services Secretary Kathleen Sebelius, Virginia Attorney General Ken Cuccinelli
Latest Research
May 3, 2010Facing Obamacare: What the States Should Do Now
Enormous expansion of federal power will result from passage of “Obamacare”, with far-reaching effects on the traditional roles and authority of states—and on the freedoms of American citizens. Former Director of the Center for Medicare and Medicaid Services at the U.S. Department of Health and Human Services Dennis Smith explains what states should do to protect their historic authority—and their citizens—from this power grab of one-sixth of the American economy.
Tags: federalism, health care reform, ObamaCare, state health reform
Latest Research
March 18, 2010Interstate Competition and Choice in Health Insurance: The American Way
The American people have made their opposition to a sweeping federal overhaul of the health care system clear. At the same time, lawmakers at the state level are reasserting their authority in enacting health insurance reform. Here, we outline how state legislators can take the lead in health care reform by forming interstate compacts to sell insurance across state lines, which can be done without action from the federal goverment.
Tags: federalism, health care reform, interstate commerce, interstate sale of insurance
In the News
February 18, 2010New County Health Study Reinforces Need for Federalism in Health Reform
The Robert Wood Johnson Foundation and the University of Wisconsin Population Health Institute just released a new report that exposes the diversity of health care across the country on a county-by-county basis. What’s striking about the interactive report is the high level of variance found in health care for counties within a single state.
For example, Montgomery and Howard counties ranked in the top slots in Maryland while Baltimore City and Allegany County trailed at the bottom. “In health care, one size does not fit all,” said Dr. Donald Shell, the health officer for the Prince George’s County Health Department, during a discussion of the report findings.
No truer words could be spoken. However, Congress has been trying to enact a one-size-fits-all measure for the past year with Obamacare, which would indiscriminately impose nationalized health requirements on counties. As Heritage health policy expert Stuart Butler has noted, Congress should be examining modest adjustments to the health care system and allowing states to take the lead in experimenting with new reform models: (more…)
Tags: county, federalism, ObamaCare, Robert Wood Johnson Foundation, state-based health reform, University of Wisconsin
In the News
November 5, 2009Killing Federalism in Health Care
As Senator Orrin Hatch (R-UT) said at an event on health care reform yesterday at the Heritage Foundation, “There is no such thing as a free lunch—especially if Washington is the one having you over.” Democrats continue to insist that the best way to reform the health care system is to centralize decision making and regulation within the federal government. Not only is this inaccurate, but it also goes against the same principles supported by the Constitution that House Speaker Nancy Pelosi flippantly dismissed at a recent press conference.
Health care is too complex and intricate to micromanage at the federal level. The best, and most constitutional, way to enact reform would be to set the framework for change at the federal level and then allow decision-making and implementation to be determined by the states. This is in accordance with the federalism employed by the founding fathers in molding our nation into a democratic republic. The founders recognized the limits inherent in political power, thus specifically limited the power given to the federal government by the Constitution. As former Congressman Thomas Feeney writes in a recent paper: (more…)
Tags: federalism, Obama Health Care Plan, Orrin Hatch, Thomas Feeney
Latest Research
October 18, 2009The End of Federalism: How Obamacare Will Impact States
Mandated Expansions: All the health bills before Congress depend on a massive Medicaid expansion to expand coverage. If Congress raises eligibility to 133% of the federal poverty level, 33 states would see their Medicaid populations increase by 30%, and 10 states would see their Medicaid populations jump by 50%. Of course, this scenario is far worse if Congress moves eligibility to 150% FPL, as proposed by the Senate HELP Committee.
Less Flexibility: The Obama Administration and Congress have already taken numerous steps to roll back many of the flexibilities extended to the state Medicaid and SCHIP programs. The health care proposals would further restrict states ability to manage and stabilize their own programs.
Unknown Costs: State Medicaid spending is already outpacing projections. Recent surveys found that states saw an 8% increase in spending during Fiscal Year 2009. Governors and state officials should be skeptical of any promise from Washington that these reforms will not add additional costs to the states. Governor Bredesen (D-TN) warns that the costs to his state alone could be over $3 billion.
Gutting State Authority
Transferring State Power to Federal Regulators: The bills before Congress would place an unprecedented amount of power in the hands of the federal government, especially the Secretary of Health and Human Services, to determine health insurance rules and benefits. These powers have traditionally been held by state officials.
Minions to a Federal Bureaucrat: In place of its traditional role of regulating health insurance markets, the states would become merely an administrative arm of the federal government. State action on health care would be based on dictates and memoranda passed down from Washington.
Flexibility in Name Only: The federal one-size-fits-all approach of the bills before Congress would undermine state reform and innovation. Each state has its own demographic and political challenges, and no one federal solution can address the unique needs of each state.
A Better Approach to Health Care Reform
Promote True Federal-State Partnerships: Instead of the top-down approach of a federal health care reform, federal policymakers should embrace the principles of federalism and allow states to develop innovative ways to address their unique challenges to health care reform.
Preserve State Flexibility: Ease the burden on states by giving them greater flexibility to modernize and manage the Medicaid and SCHIP programs. This includes preventing the weakening of existing state flexibilities.
Tackle Fundamental Medicaid Reform: Expanding Medicaid is neither new nor innovative nor reform. Rather than expanding Medicaid, there should be a serious effort to reform it. Such policies would include moving healthy moms and kids into private health insurance through tax credits, premium assistance, and vouchers and adopting a “money follows the person” model for self-directing long-term care.
Tags: federalism, Medicaid, regulation, States
Latest Research
September 2, 2009A Federalist Approach to Health Reform: Finding the Best Way Forward Through State Innovation
With Democrats’ eyes focused on increasing the federal government’s power in the health sector, the possibility of state-level health reform is getting overlooked. However, as Dr. Henry Aaron of the Brookings Institution and Dr. Stuart Butler of The Heritage Foundation have written, “…measures to energize state experimentation within a federal-state framework based on clear national goals will achieve two objectives: it will extend coverage in the near term, and it will advance the date at which coordinated national action is possible.” The authors explain the benefits of federal encouragement of state initiatives:
“-Breaks political deadlocks. [T]here are deep disagreements among reasonable and committed people—including between us—about what the best practical approach is. That makes it very difficult to get political support for coherent, workable action even among those who broadly agree on goals. Our strategy is designed as a political device to break that deadlock by making it possible to launch a variety of bold approaches quickly, with the more successful initiatives helping to build consensus for more sweeping action.
The federal government could take steps to facilitate state innovation:
Tags: federalism, state health reform







