Tuesday, July 29, 2014

Is Beshear defrauding feds or Kentuckians?

If you want to see Gwenda Bond's head explode -- and believe me, you do -- ask her for a copy of Kentucky's NCE application for our state ObamaCare Health Benefits Exchange.

As spokewoman for Kentucky's Cabinet for Health and Family Services, she is the person Beshear administration officials referred me to when I asked for a copy of the document formally requesting additional time to spend federal dollars on the Commonwealth's ObamaCare program.

The reason Gwenda is so upset is the "Affordable Care Act" requires all federal implementation funds given to states to set up their own exchanges to be spent by December 31, 2014, but gives flexibility for an extension if additional time is needed for the initial set-up of the "exchange." Beshear has been bragging across Kentucky and around the nation that Kentucky's exchange is ahead of schedule and operating better than other exchanges. So which is it: is Kentucky moving slowly and in need of remediation or does Beshear simply lack the legal authority and state spending ability he needs to proceed without state funds in a mere five months and finds himself in need of a federal bailout he can't have without breaking federal law?

A CMS FAQ document on NCE grants specifies: "the funds may not be used to cover maintenance and operating costs." Beshear has no money for such costs and no legal authority to cover them. So, you see the problem. After claiming falsely that he didn't need state funds for ObamaCare, Beshear now needs them but doesn't have them and doesn't qualify for an extension of federal funds and time is running out on his charade.

Lawsuits 13-SC-652 and 13-SC-667 currently await Kentucky Supreme Court action seeking clarification of Beshear's violations of state law in trying to force us into ObamaCare without legislative approval.