Mississippi to Consider Washing its Hands of Obamacare

The Mississippi legislature will consider two bills that would stop any state cooperation with the implementation of Obamacare in the Magnolia State.

SB2464 and SB2643 were both authored by Sen. Chris McDaniel (R-42, Jones County) with assistance from Senators Watson, Smith, Hill and Sojourner. The legislation takes the first of four steps in the Tenth Amendment Center’s recommended plan to protect the people of the state from ObamaCare.

SB2464 bans any participation in, or establishment of, a government health care exchange in Mississippi and would invalidate any one established before this legislation passes into law.

The short, succinct bill simply states:

No state agency, department or political subdivision thereof shall plan, create, participate in or enable a state-based exchange for health insurance under the federal patient Protection and Affordable Care Act, or contract with any private entity to do so.  If such an exchange is established by a state agency, department or political subdivision thereof before the effective date of this act, any such action shall be invalid and such exchange must be discontinued.

SB2463 also bans cooperation with the implementation of Obamacare, but is significantly more complex. It includes penalties on state agents who violate the law and a prohibition on state insurers collecting subsidies from the federal government.

The prohibition on state insurers take subsidies could serve to protect Mississippians from the penalty posing as a tax for not purchasing health insurance. According to the wording of the ACA, only companies selling insurance through the state exchanges can get federal subsidies. The subsidies trigger the mandate. But Mississippi did not set up the exchange and insurers in the state should not be able to collect the subsidies. Of course, the federal government has indicated it will ignore the clear language of its own law. This would allow Mississippi to take matters into its own hands.

A health insurance issuer operating in this state shall not accept any remuneration, credit or subsidy, as described in 42 USC 18082.

The Tenth Amendment Center developed The Four Step Plan to Nullify ObamaCare based on the advice of Thomas Jefferson and James Madison. The plan encompasses the following measures:

FOUR STEPS (links open in new window)

Step 1: Ban State Enforcement, Participation and Material Support

Step 2: Reject Medicaid Expansion

Step 3: Protect Residents from Mandates

Step 4: Challenge the IRS’s illegal ObamaCare taxes

SB2464 and SB2643 both implement the first of these four steps by forbidding a state health care exchange in Mississippi. Numerous states have done this, following James Madison’s advice in Federalist #46 to refuse cooperation with officers of the union when in the face of an unwarrantable (unconstitutional) oppression.

The law rests on a well-established legal principle. Numerous court cases dating back to 1842 have affirmed the “anti-commandeering doctrine,” holding that the federal government cannot force the states to use their resources to implement a federal program or enforce a federal regulation.

As Judge Andrew Napolitano has pointed out, numerous states refusing to collaborate with the Feds throws the onus and the work load on DC’s shoulders, making it much more difficult for them to get away with their nefarious schemes.

ACTION ITEMS

In Mississippi:  Take steps to support SB2464 and SB2643 HERE.

Other States:  Contact your state legislators today – urge them to introduce similar legislation.  Model bills and contact info HERE.