I have a question about the opt-out provision for the public option

[bluestateguy]

Would states be able to opt out by gubernatorial executive order, or would it take a vote of the legislature and the governor's signature to opt out?

If it's the latter, I could stomach that compromise, because few states would have the political will to overcome that hurdle: once the PO starts and people start signing up, people will be reluctant to let go of it; and states will see that it will reduce their health care costs (remember it's opt out, not opt in).

But if a governor has executive order authority to opt out, then I could see the sticky fingers of politics getting involved. Rick Perry would pull out, and that's the second biggest state in the US right there. You could have some states going back and forth, in and out of the public option, depending on who wins the governor's race.

Anyone know what this proposed law does?

[sinkingfeeling]

1. At this point, no one knows how it would work. Nothing's been put into a draft bill or amendment as

yet.


How such a system would work is still being debated, according to those with knowledge of the proposal. But theoretically, the "opt-out" approach would start with everyone having access to a public plan. What kind of public plan isn't yet clear. States would then have the right to vote -- either by referendum, legislature, or simply a gubernatorial decree -- to make the option unavailable in their health care exchanges.

Read more at: http://www.huffingtonpost.com/2009/10/07/dems-discussing-public-op_n_313054.html

[ddeclue]

2. Actually MOST states would have the political will to opt out.

because:

1) Most states cannot run deficits as a constitutional matter.
2) The no new taxes crowd will protest against.
3) The insurance lobbyists will overwhelm the legislatures.

This is a poison pill to kill health care reform while pretending that it actually happened.

[Winterblues]

3. It is Federal funds that will apply not state funds

This is a Federal Health Care Bill that will be paid for with Federal funding. However part of the deal on the funding is for everyone to participate, so if some states choose to opt out it could really screw up any savings or competetive edge.. In fact it could very well be unconstitutional..

[ddeclue]

4. You mean like the Recovery Act funds that Southern Republican governors and legislators have been

withholding? There will be a state level excuse about funding to deny state level PO just as there is for the recovery funding. Don't kid yourself.

[Overseas]

5. Bobby Jindal will grandly refuse "the government takeover"

and rake in some corporate contributions. He'll try to opt out, knowing that will be overturned.
Then when the people who need it are finally getting some care, he'll go down to the hospitals to do some photo ops showing what a marvelous humanitarian he is.

Just like his whole stimulus funding stunt and subsequent photo ops with giant checks signed by him.