As you may know, not only have many (mostly red) states opted not to start their own health exchanges under Obamacare or to expand Medicaid (and hence give health care to millions of America’s poorest), thirteen states—Arkansas, Florida, Georgia, Iowa, Illinois, Indiana, Maine, Missouri, Montana, Ohio, Tennessee, Texas, and Wisconsin—have actually passed laws banning nonprofits from serving as so-called healthcare “navigators” that help people find the Obamacare plan that’s right for them. Those thirteen states are home to 17 million people without insurance who are eligible for coverage under Obamacare.
We’re happy to report that a Missouri AIDS agency, St. Louis Effort for AIDS, is leading the first lawsuit against such a ban, alleging that it makes them and other Obamacare “navigators” in their state go against their federal mandate, which is to help people find the right plan for them. Quoting from the story in the St. Louis Post-Dispatch:
“The suit says that the state law conflicts with the federal Affordable Care Act, which requires consumer assistance organizations to provide information about the full range of qualified health plans.”
“Missouri is one of at least 14 states that passed legislation requiring state licensing for federally certified insurance counselors. The law passed 128-32 in the House and 28-5 in the Senate. It was signed by Gov. Jay Nixon in July,
It was sought by insurance agents and brokers, who said it would keep unscrupulous counselors out of the insurance business and make sure the information they disseminate is correct.
Under Missouri’s law, federally certified navigators must not “offer advice about which exchange health plan is better or worse for a particular individual.”
“Groups contesting the law say it is unconstitutional under the Supremacy Clause of the Constitution because it conflicts with the Affordable Care Act’s provisions requiring the counselors to provide impartial information about all insurance options.
They also say it violates the right to free speech under the First Amendment because it requires any organization where health insurance is discussed to be licensed by the state insurance department. The physicians in the suit say they fear they can no longer provide information to patients.
In addition to St. Louis Effort for AIDS, others bringing the suit are Planned Parenthood of the St. Louis Region and Southwest Missouri, Consumers Council of Missouri; Missouri Jobs with Justice; Jeanette Mott Oxford; Dr. Wayne Letizia; Dr. William Fogarty; and Chris Worth.”
Let’s follow this suit closely. If courts overturn these laws, folks whose states have already limited their options under Obamacare could at least get a little more guidance on how to choose among the options they do have.
