Kasich Medicaid expansion plan likely will face lawsuits

Gov. John Kasich’s plan to seek approval from the state Controlling Board to accept federal funds to expand Medicaid is likely to face legal challenges if the board OKs the plan (Source: “Lawsuits likely in Medicaid expansion,” Mansfield News Journal, Oct. 17, 2013).

The governor has asked the seven-member Controlling Board to accept federal money so Medicaid coverage is expanded for up to 366,000 uninsured Ohioans after the Republican-controlled state Legislature did not openly support expansion. But using the board, which is in charge of making appropriations outside the budget, to make such a sweeping policy change probably will end up in court, according to critics and supporters of expansion.

“I think lawsuits are all but certain if it’s approved by the Controlling Board,” said Robert Alt, president of the conservative Buckeye Institute, which opposes expansion. “It is not permitted to authorize appropriations contrary to the intent of the General Assembly. The General Assembly has spoken pretty loudly on this question.”

The Legislature voted to prohibit Medicaid expansion as part of the state budget, but Kasich used a line-item veto on that item.

The Controlling Board, which includes a member appointed by the governor plus two Republicans and one Democrat from each chamber of the General Assembly, is scheduled to vote on the expansion Monday.