Saying Kentucky Gov. Steve Beshear created the Kentucky Health Benefits Exchange without the approval of the state legislature, Tea Party activist David Adams of Nicholasville filed a lawsuit challenging the legality of the exchange.
Adams is asking a judge to order the development of the exchange to be stopped.
According to Beshear spokeswoman Kerri Richardson, he "exercised the constitutional authority afforded the office" to begin the development of the exchange.
"The Affordable Care Act is the law of the land," Richardson said. "There are hard deadlines that the state must meet in order to not only comply with the law, but also to ensure that the state runs its own health benefits exchange, not the federal government."
Those considering themselves tea party proponents have criticized Beshear for his willingness to create the health exchange, saying taxpayers will have to foot the bill for what is considered another government department that is not necessary.
Initial costs to set up the health exchange in Kentucky are covered by Federal grants, but starting in 2015, Kentucky will be required to pay for the funding of the exchange.
People uninsured in Kentucky will be forced to begin enrolling in the exchange on October 1, with the exchange launching operations on January 1, 2014.
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