Friday, March 22, 2013

Press Release - AG: Medicaid Expansion Legislation Unconstitutional!



Contact: Delegate Bob Marshall 703-853-4213


Attorney General Rules Use of "Medicaid Innovation & Reform Commission" to Expand Medicaid Unconstitutional!


Manassas, VA - Delegate Robert G. "Bob" Marshall (R-13) received the attached opinion in response to his request for an opinion with regard to the constitutionality of the General Assembly's designation of a "Medicaid Innovation & Reform Commission" to allow for the expansion of Medicaid when the Commission determined that a number of proposed Medicaid reforms had been satisfactorily fulfilled.  Delegate Marshall questioned whether the General Assembly could delegate this authority to a smaller group of mainly legislators.


Attorney General Ken Cuccinelli determined in his opinion today that the General Assembly does not have the authority to delegate its legislative authority to a smaller committee. 


"I am pleased with this opinion and hope that the Governor will act appropriately to remove this unconstitutional piece of maneuvering from the budget before it comes back to the General Assembly," said Marshall.  "Medicaid needs serious reform before we can even begin to consider expansion and the decision about when those reforms are sufficient can and should only be determined by the General Assembly as a whole."


"I congratulate the Attorney General for his correct reading of the Virginia Constitution and appropriate case law at a time when many were urging him to dodge this question or issue a politically expedient opinion so as to avoid controversy in his gubernatorial campaign.  I congratulate him for standing up for the Constitution and the people of Virginia."



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