Tea Party Kentucky Challenge to Obamacare can go Forward

The lawsuit challenging the legality of the Kentucky Health Benefit Exchange, or state Obamacare,
has been allowed to continue on by a judge.

Franklin County Circuit Judge Phillip J. Shepherd said he won't dismiss the lawsuit. Attorneys for the state had requested the the lawsuit be dismissed. They based that request upon the faulty assumption taxpayers in Kentucky don't have the legal standing to challenge the Kentucky Health Benefits Exchange.

The lawsuit was filed by Tea Party member David Adams, who said Democratic Governor Steve Beshear created the exchange without the required approval of the state legilature.

Adams is seeking for the work on the exchange to be halted.

If allowed to go forward, the Kentucky Health Benefits Exchange residents of Kentucky without healthcare to get it.

Kentucky Seeks Dismissal of Lawsuit challenging Legality of Health Benefits Exchange

 

The state of Kentucky is seeking the dismissal of a lawsuit challenging whether or not it was legal for
Democratic Governor Steve Beshear to set up the Kentucky Health Benefits Exchange.

Tea Party activist David Adams and others filed the lawsuit, which alleges Beshear didn't take the required action of getting legislative approval. Beshear simply approved of the exchange by executive order, similar to his leader Obama.

State attorneys claim the lawsuit has no legal standing to go forward.

Beshear ordered the so-called Kentucky Health Benefits Exchange to be created, which forces over 600,000 uninsured residents of Kentucky to get health coverage under Obamacare.

Via the lawsuit, Adams has asked the judge to order a cease and desist on the building out of the exchange.

Lawsuit Challenges Ky. Health Exchange

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.