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Health Bill Allowed to Move Forward; Status in Florida Uncertain

Health Bill Allowed to Move Forward; Status in Florida Uncertain

U.S. District Court Judge Roger Vinson has issued a response to the Department of Justice’s most recent motion in the federal healthcare lawsuit.   Judge Vinson previously ruled that the federal healthcare law is unconstitutional, but the Department of Justice filed a motion seeking to ensure implementation will continue while it appeals.  Vinson criticized the Department of Justice for waiting two weeks to file the motion but ultimately granted a stay as long as the Department of Justice files its appeal within seven days and requests expedited review.

“We are pleased that Judge Vinson reaffirmed that his initial decision was a complete victory for the
states in striking down the health care act in its entirety. With this order from Judge Vinson, the 26
states and National Federation of Independent Business as plaintiffs are assured that there will be no
more stalling from the federal government,” said Florida Attorney General Pam Bondi. “While we are disappointed
that the stay was granted, we are satisfied that DOJ now has only seven days to file their appeal and
seek expedited review or they will lose the stay.”

Despite Judge Vinson’s ruling on the motion, the Florida Office of Insurance Regulation does not have immediate plans to implement federal health care law.  In an e-mail to the Florida Tribune, OIR Communications Director Jack McDermott said “irrespective of the decision” to stay the Jan. 31 ruling that the health care law is unconstitutional “the office does not currently have authority within the insurance code” to implement the reforms that have taken effect to date, including medical loss ratio requirements.

McDermott notes that neither the Governor nor the legislature have expressed an intent to pass enabling legislation that the OIR believes would be necessary for it to implement the Affordable Care Act.  Absent additional statutory in certain areas, the OIR will not be able to proceed with steps to implement the federal law. 

Florida officials were contemplating a request for a waiver of the healthcare law’s medical loss ratio requirement but did not proceed with the request in light of Judge Vinson’s initial ruling that the law is unconstitutional.  The OIR recently indicated it is still in the process of deciding how to proceed on that issue in light of the evolving legal treatment of the federal law.