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For Immediate Release: August 13, 2015

Senator Dunleavy Urges Walker to Rescind Medicaid Expansion Order


Governor Walkers decision contradicts Supreme Court precedent on Legislative authority
ANCHORAGE In a memo to Governor Walker and key legislative committees dated Monday, Senator Mike Dunleavy (RValleys) urged Governor Bill Walker to rescind his order to expand Medicaid and allow time for the Alaska Legislature to
vet the issue, or risk a lawsuit over the Legislatures constitutional authority to appropriate funds.
The announcement on July 16 by Governor Walker that he would unilaterally expand Medicaid by superseding the
normal public process of legislative hearings means the voice of my constituents via me as their elected senator is being
quashed, Senator Dunleavy wrote. Under this process, his proposal need not ever be approved or disapproved by the
legislature.
Senator Dunleavy said a major policy decision, which will impact the economy and healthcare in Alaska, should only be
made after the Legislature receives detailed information from independent experts, including a 10-year projection
showing the overall costs of Medicaid expansion to the state.
To avoid a lawsuit, Senator Dunleavy asked the governor to delay the implementation of expansion until the Legislature
has the opportunity to review the legislation during a special session in the fall or regular session in 2016. Senator
Dunleavy also urged the leadership of both the House and Senate to take up the issue as the first order of business if the
governor agrees to delay implementation.
If Governor Walker chooses to move forward with his unilateral action, however, Senator Dunleavy urges Legislative
Council to commence with a lawsuit asserting the Legislatures authority to appropriate funds.
The legal case outlined in the memo points to multiple issues, including A.S. 47.07.020 (d), which states, Additional
groups may not be added unless approved by the legislature. Under the expanded program, Medicaid would cover new
groups beyond its current coverage of low-income families with children, pregnant women, the elderly, and people with
disabilities.
Senator Dunleavy also cites both the precedent of the U.S. Supreme Court Case, NFIB v. Sebelius, which barred the
federal government from coercing states into expanding Medicaid and left the option open to the states, as well as two
Alaska Supreme Court cases, FNSB v. State and State v. FNSB, affirming the Legislatures authority over appropriation.
The legislature and only the legislature maintains the power of appropriation, Senator Dunleavy wrote. If the
governor will not agree to any of these actions by August 21, I urge Legislative Council to commence with a lawsuit
regarding the legislatures appropriations authority.
For more information, please contact Bethany Marcum at (907) 440-7000 or John Wood in Senator Dunleavys office at
(907) 376-3370.

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