Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions


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Walmart Services. Get to Know Us. Prohibits the "funding or implementation of a state-based health care exchange or marketplace. Arkansas - HB , signed into law by the governor as Act No. Restricts ACA-related activities by providing that the State Insurance Department shall not allocate, budget, expend, or utilize any appropriation authorized by the General Assembly for the purpose of advertisement, promotion, or other activities designed to promote or encourage enrollment in the Arkansas Health Insurance Marketplace or the Health Care Independence Program, including unsolicited communications mailed to potential recipients; television, radio, or online commercials; billboard or mobile billboard advertising; advertisements printed in newspapers, magazines, or other print media; and Internet websites and electronic media.

Also would prohibit responding to an inquiry regarding the coverage for which a potential recipient might be eligible, including without limitation providing educational materials or information regarding any coverage for which the individual might qualify. Also see S Arkansas - SB , signed into law by the governor as Act No.

Anatomy of a Lawsuit

Provides that the Dept. Also see H Prohibits the establishment through existing state law of a state-based health insurance exchange in the state under the ACA. Referencing the King v. Burwell case before the U. Joint resolution proposes a State Constitutional amendment to prohibit laws or rules from compelling any person, employer, or health care provider to participate in any health care system, permit any person or employer to purchase lawful health care services directly from health care provider, or permit health care provider to accept direct payment from person or employer for lawful health care services.

Prohibits any agency or state action to expand Medicaid or accept any federal grant money to establish a state-run health exchange. Also ends the Univ. Provides by statute that "a resident of Indiana may not be required to purchase coverage under a health plan.

Anatomy of a Lawsuit

A resident may delegate to the resident's employer the resident's authority to purchase or decline to purchase coverage under a health plan. Note: Other provisions restricting agencies from implementing ACA provisions were deleted from the final enacted bill. Authorizes the state to join the "Health Care Compact," requiring member states of the compact to take action to secure the consent of Congress for the compact; asserting that member states of the compact have the primary responsibility to regulate health care in their respective States.

Kansas - H , passed House and Senate; signed by the governor, May 25, Opposes specific provisions of federal health reform, providing in Sec. Accepts and adopts membership in the Health Care Compact; provides that each member state, within its state, may suspend by legislation the operation of all federal laws, rules, and regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to the compact. The purposes of this compact are, through means of joint and cooperative action among the compacting states to promote and protect the interest of consumers purchasing health benefit plan coverage.

Note: this law is not a challenge to the provisions of PPACA; it is included as an alternative approach, for comparative information purposes. Provides that "any federal mandate implemented by the state shall be subject to statutory authorization of the general assembly. Any new proposed rule must "Certify that the rule does not have an adverse impact on, or must exempt small businesses with fewer than fifty full- or part-time employees. Establishes the interstate Health Care Compact, which would pledge member states to act jointly to oppose certain elements within health reform.

Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions

Would amend state law chapter , a new section relating to the authority for creating and operating health insurance exchanges in Missouri. Would prohibit the establishment and operation of health insurance exchanges in Missouri unless the exchange is created by a legislative act, an initiative petition, or referendum, requiring voter approval. S , as Proposition E, was on the statewide ballot November 6, for a binding vote.

Montana - S , passed Senate and House; governor's amendments rejected; signed by the governor as Chapter , May 13, Opposes elements of federal health reform, providing that by state law state agencies "may not implement or enforce in any way the provisions" or any federal regulation or policy implementing federal health reform "that relates to the requirement for individuals to purchase health insurance and maintain minimum essential health insurance coverage.

Would prohibit, by state statute, the federal and state government from mandating the purchase of health insurance coverage; would prohibit imposing penalties related to health insurance decisions. Provides by insurance statute that a resident of New Hampshire shall not be required to obtain, to maintain, or be assessed a fee or fine for failure to obtain health insurance coverage.

Effective date July 1, Prohibits the state from establishing a state based health insurance exchange. Also provides that in the event a federally-facilitated exchange is established for New Hampshire, the insurance commissioner retains authority with respect to insurance products sold in New Hampshire "on the federally-facilitated exchange to the maximum extent possible by law. Effective date June 18, It does permit use of federal grants for premium rate review.

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Continues an exception if health coverage is required by a court or by the state Department of Human Services through a court or administrative proceeding. North Dakota - S was enacted and signed by the governor , April 27, Ohio - Issue 3, a citizen-initiated constitutional amendment was approved by voters on the November 8, ballot. It seeks to preserve their "freedom to choose their health care and health care coverage. Oklahoma - S was enacted and signed by the governor , May 18, South Carolina - H State budget for fiscal year was enacted and signed by the governor , August 2, It includes Section Enacts state participation in the Interstate Healthcare Compact; providing that state compact members must take action to obtain congressional consent to the compact; providing that the legislature is vested with the responsibility to regulate healthcare delivered in their state; provides for healthcare funding; also establishes the S.

Prohibits, by statute, the state, the TennCare or Medicaid program or its residents from participating in any state option for Medicaid eligibility expansion authorized under the federal PPACA. Non-binding resolution; requests lawsuit against any fines. Provides by statute that the state join an interstate Health Care Compact, including a pledge to take joint and separate action to secure congressional approval "in order to return the authority to regulate health care to the member states.

Renames the Constitutional Defense Council and creates the Commission on Federalism; provides for the repeal of the State Health Compact by July 1, , and subjects these provisions to a point sunset review prior to repeal. Amends state law by adding a section, "Health insurance coverage not required. No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or through his employer, or a plan sponsored by the Commonwealth or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage.

No provision of this title shall render a resident of this Commonwealth liable for any penalty, assessment, fee, or fine as a result of his failure to procure or obtain health insurance coverage. A constitutional amendment, stating that residents have the right to make their own health care decisions, while "any person may pay, and a health care provider may accept, direct payment for health care without imposition of penalties or fines for doing so. Amends the duties of the Wyoming Health Insurance Exchange Steering Committee to require a study report with 3 options including 1 an exchange based on Wyoming data without influence from the health care reform acts, 2 using selected parts of required federal features and 3 an exchange in complete compliance with the Act.

The statute limits the state's authority to operate a federally required health insurance exchange, restating that "No state agency or any person representing the state of Wyoming shall, prior to April 1, , commit the state" to operating an exchange. Congress to repeal the individual mandate required by PPACA; also strongly encourages Congress to "recognize individual states' efforts to reform health care by grandfathering any state laws, regulations, or practices intended to contain costs, improve quality, increase consumerism, or otherwise implement health system reform concepts.

Congress to call a constitutional convention to propose an amendment to repeal the Affordable Care Act. Article 5 requires two-thirds of the legislatures to make such a formal request in order to convene a constitutional convention. Convention to Repeal ACA.


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  8. Adopted by House 42yn; adopted by Senate 28y-5n. Would oppose any state role in compulsory participation in a health care system or purchase of health insurance; would prohibit any government official from enforcing prohibitions on purchase or sale of health insurance in private health care systems otherwise authorized by the laws of the state; would affirm a right to direct payment or purchase of lawful health care services; would prohibit threats of penalties, fines, taxes, salaries, wage withholding, surcharges or fees to punish or discourage the exercise of such right.

    Would authorize the Governor to enter into the "Interstate Health Care Freedom Compact," intended to guarantee the right and freedom of residents to pay or not to pay directly for health care services and to participate or not to participate in health plans and health systems. Compacts would coordinate across state lines to enforce "health care freedom criminal laws" which seek to make it a crime to interfere with residents' health services, specified above.

    Also would create an "Interstate Advisory Health Care Commission" with representatives from each member state. Minnesota - S , passed Senate and House; vetoed by governor , May 24, Would have opposed selected provisions of the ACA, by declaring that the public policy of the state "is that every person within the state of Minnesota is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.

    Would provide for an "Interstate Health Care Freedom Compact;" intended to guarantee the right and freedom of residents to pay or not to pay directly for health care services and to participate or not to participate in health plans and health systems.

    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions
    Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions

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