KANSAS COULD JOIN LAWSUIT TO HALT HEALTH CARE REFORM LAW. - States News Service

PHILADELPHIA, PA -- The following information was released by the National Constitution Center:

As changes imposed by federal health care reform begin to take effect, states are joining together in a federal lawsuit to try to halt implementation.

If Kansas Gov.-elect Sam Brownback and Attorney General-elect Derek Schmidt have their way, Kansas will soon be among them.

Brownback and Schmidt campaigned on their promise to join the litigation and call for repeal of the health care law. But the effects of such a lawsuit could be minimal and take a while to materialize in Kansas.

Schmidt's office did not return phone calls asking for specifics on his intentions.

Sherriene Jones-Sontag, a spokeswoman for Brownback, said the governor-elect would support whatever legal action Schmidt takes.

Brownback appeared on Fox News' 'On the Record with Greta Van Susteren' last week and said he would 'push back' against implementation of the law.

'So what we will do is, the things that we're required to do under the law, we will do. But otherwise, we're going to push back,' he said. 'We will push back in legal challenges.'

About 20 lawsuits are currently making their way through the courts, including one filed by Missouri Lt. Gov. Peter Kinder. Kinder, however, filed the suit as a private citizen, not as a state official.

Although several of the lawsuits have been dismissed, one of the most prominent -- filed by the state of Florida on behalf of 20 other states -- was recently approved for further review.

The case, Florida v. U.S. Department of Health and Human Services, takes aim at one provision, which will require everyone to purchase health insurance or face a government fee beginning in 2014.

Brownback said he would direct Schmidt to join this lawsuit.

But even if the Florida court rules that the provision is unconstitutional and strikes down the law, the court only has control over what happens in its own state. So what would that mean for Kansas?

'It might not mean anything,' said Stephen McAllister, a constitutional law professor at the University of Kansas. 'Until the Supreme Court resolves it, it may not have any effect at all.'

The question, McAllister said, is whether Congress has the authority under the Constitution to require people to buy health insurance.

Meanwhile, as politicians and lawyers grapple with the nuances of the law, many provisions of the Patient Protection and Affordable Care Act have gone into effect. Twenty-five of the bill's 92 provisions will be implemented by the end of the year, while several others will have begun the process.

So far, 39 entities in Kansas have taken advantage of a provision in the legislation called the Early Retiree Reinsurance Program. The program helps employers and unions provide health coverage for early retirees age 55 and older who do not yet qualify for Medicare. One hundred groups in Missouri participate in the program.

Among the Kansas groups that receive assistance under this provision are the cities of Lawrence, Leawood, Olathe, Overland Park, Topeka and Wichita, as well as Koch Industries, which has provided hundreds of thousands of dollars to Brownback, who opposes the legislation.

Also in effect is the provision that allows children to join or remain on their parents' insurance until they turn 26, regardless of their employment or marital status.

Kansas Insurance Commissioner Sandy Praeger, a Republican, said a provision in the law that would allow states to set up an insurance exchange was in the planning stages and was being funded by federal grants.

The exchange would allow residents to go online and compare coverage plans and prices from various private insurance providers. It is intended to create competition among insurance companies.

Praeger said that the exchange would be a great asset for Kansans and that she would be disappointed to see any 'push back' preventing it from continuing. For the program to meet federal guidelines, she said, it has to meet several deadlines. If those are missed, Kansas would miss out on the opportunity.

'My hope is that we can at least move forward,' Praeger said. 'You can always pull the plug on something, but it's a lot harder to get caught up if we fall behind.'

The political campaigning going into the Nov. 2 election had distorted many of the facts and perceptions regarding health care reform, Praeger said.

Cost projections, for instance, were wildly inflated. Cost analyses paid for by the Kansas Health Institute project minimal effects to the Kansas budget and even show that the law could save Kansas taxpayers about $35 million each year.

Praeger said as things moved forward she hoped to keep the lines of communication open between her office and the governor's office to reach decisions that were best for Kansans.

'I hope that we kind of calm the political rhetoric and just start working together to try to provide good programs for Kansans,' she said.

To reach Brianne Pfannenstiel, call 816-234-4188 or send e-mail to bpfannenstiel@kcstar.com.