Florida is already leading the charge against the federal governments health-care overhaul.
But just to be sure that the Supreme Court knows the sentiment of the states elected officials, legislators are moving forward with a House memorial that reaffirms the effort of Attorney General Pam Bondi to repeal the Patient Protection and Affordable Health Care Act before the rules are firmly locked into place in two years.
On Tuesday, members of the House Federal Affairs Subcommittee, voting along party lines, backed a memorial against the federal program that is commonly called Obamacare.
Rep. Jason Brodeur, R-Sanford, a health-care consultant who sponsored the memorial, HM 1281, said his mostly symbolic proposal is to voice the states opinion that health care should be a responsibility of the states rather than the federal government.
Health care is something that we, at the state level, should better provide through the regulations of our markets, Brodeur said.
He added that while the proposed benefits may be well-intended, the costs will be enormous.
As expected, members of the committee feasted on partisan talking points in support and opposition to the memorial, which was supported by the Florida Medical Association.
Rep. Geraldine Thompson, D-Orlando, said the Affordable Care Act is aimed at coverage for those who rely on the emergency room as their primary care provider.
We have been subsidizing health care for a long time on the back end, rather than planning for it on the front end, Thompson said.
Rep. Debbie Mayfield, R-Vero Beach, supporting the memorial, said the federal governments role isnt to require citizens to purchase any product.
This is the exactly the kind of thing the citizens need to know that is going on with the federal government, Mayfield said. To me, this is a personal choice. If I choose to get insurance, Ill get it. If I dont have insurance I will have to pay for (health care) out of my pocket.And that is one reason I think this is going down the road of social government.
The U.S. Supreme Court is scheduled to take up the states challenge -- Florida heads a group of 26 states, the National Federation of Independent Business and two citizens -- to the 2010 overhaul.
The states case focuses on four major issues that include: the unconstitutionality of the individual mandates the state claims Congress overstepped its authority in approving; and Congress compelling the state to expand Medicaid eligibility under the threat of withholding funding.
According to the state staff analysis of the memorial:
Effective in 2014:
Health-insurance coverage will be mandatory for almost all U.S. citizens. Those who do not purchase health insurance will be fined by the U.S. government through enforcement by the Internal Revenue Service. The fine increases from $95 in 2014 to $750 in 2016, and is indexed for subsequent years.
Exemptions for mandatory health insurance coverage will be granted for American Indians, in cases of extreme financial hardship, for those objecting to the mandatory provision for religious reasons, individuals without health insurance for less than three months, and individuals in prison.
Health insurance exchanges will be established, from which citizens can purchase health insurance coverage that meets the minimum essential coverage provisions of PPACA.
"Companies with 50 or more full-time employees that do not provide health insurance coverage to their workers, resulting in at least one worker qualifying for a subsidy to purchase health insurance coverage through an exchange, must pay a tax penalty of $2,000 for every full-time employee.
An excise tax will be imposed on health-care plans costing more than $10,200 for individual coverage and $27,500 for family coverage.
Denials of coverage to anyone with a pre-existing condition will be prohibited.
All plans must cover federally defined 'essential benefits.'
Plan rating factors will be set by federal law, which limits the degree of pricing differential among differently situated people.
Other provisions of PPACA include:
Medicaid eligibility is expanded to include those individuals with incomes up to 138 percent of the federal poverty level, resulting in coverage of 32 million previously uninsured Americans by 2019.
Medicare payment rates for certain services will be permanently reduced.
Various additional changes will be made to the federal tax code, Medicare, Medicaid, and other social programs necessary to fully implement the new law.
How they voted:
Yes
Chairman Rep. Clay Ford, R-Pensacola.
Vice Chairwoman Rep. Elizabeth Porter, R-Lake City.
Rep. Matt Caldwell, R-Lehigh Acres.
Rep. Fred Costello, R-Ormond Beach.
Rep. Erik Fresen, R-Miami.
Rep. Jim Frishe, R-St. Petersburg.
Rep. Debbie Mayfield, R-Vero Beach.
Rep. Jimmy Smith, R-Inverness.
Rep. John Tobia, R-Melbourne.
Rep. Trudi Williams, R-Fort Myers.
No
Rep. Luis Garcia Jr., D-Miami Beach.
Rep. Elaine Schwartz, D-Hollywood.
Rep. Geraldine Thompson, D-Orlando.
Rep. Perry Thurston, D-Plantation.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
