McDaniel: Nix Cornhusker kickback | Arkansas Blog

Monday, January 11, 2010

McDaniel: Nix Cornhusker kickback

Posted By on Mon, Jan 11, 2010 at 11:16 AM

Belatedly, Attorney General Dustin McDaniel says the special Medicaid funding provision for Nebraska in proposed Senate health legislation should be dropped. It's not illegal as some Republican attorney generals have argued; just wrong, he says.

I expect McDaniel to be equally vigorous in opposing any special funding Arkansas members of Congress are able to insert in broader legislation for their folks back home.

MCDANIEL NEWS RELEASE

Today, Attorney General Dustin McDaniel sent a letter to Senate Majority Leader Harry Reid (D-NV) and Speaker of the House of Representatives Nancy Pelosi (D-CA) calling on them to remove the so-called “Nebraska Compromise” contained in the current Senate version of the Patient Protection and Affordable Care Act, H.R. 3590.

McDaniel insists that the provision wrongfully benefits Nebraska at the expense of other states. Yet, after researching applicable law, he declined to sign onto a letter circulated by South Carolina Attorney General Henry McMaster, which threatens a lawsuit in federal court if the provision is not removed. 

McDaniel states in his letter, “Although such threats make for good politics, I do not believe that the states would have a winning lawsuit based on what I know at this time.  However, I strongly agree that the Nebraska Compromise should be removed in the Conference Committee, and I request your attention to this matter.”

A copy of the McDaniel letter is below.

January 11, 2010

The Honorable Harry Reid
Majority Leader
522 Hart Senate Office Building
Washington, DC 20510

The Honorable Nancy Pelosi
Speaker of the House of Representatives
235 Cannon House Office Building
Washington, DC 20515

Dear Majority Leader Reid and Madam Speaker:

I want to thank you for your hard work on the effort to reform America’s broken health insurance system.  Small businesses, working families and all Americans who are uncertain about the rising costs of healthcare need common sense, fiscally responsible reform.   I encourage you to continue to work through the controversial challenges of this issue to create a final product that serves America’s needs. 

To that end, I am writing as the chief legal officer of the State of Arkansas with respect to the “Nebraska Compromise” contained in the Senate version of the Patient Protection and Affordable Care Act, H.R. 3590.  This provision would unfairly burden Arkansas and every other state, as we would be compelled to pay for the special status afforded to the Nebraska Medicaid program.

I have been contacted by a number of attorneys general who are preparing a letter to you on this matter.  That letter will be signed by a number of Republican Attorneys General and to my knowledge, at least one Democrat, who all believe that the Nebraska Compromise is an illegal and unconstitutional exercise on the part of Congress.  They threaten legal action in federal court if that provision is not removed in the Conference Committee. 

After having done substantial legal research on the matter, I have declined to sign on to the above-referenced letter on behalf of Arkansas.  Although such threats make for good politics, I do not believe that the states would have a winning lawsuit based on what I know at this time.  However, I strongly agree that the Nebraska Compromise should be removed in the Conference Committee.  I believe that, as Attorney General Terry Goddard of Arizona said recently, this provision “amounts to nothing more than a sweetheart deal for Nebraska only, is poor public policy and not in the best interest of . . . the nation.”

I request your attention to this matter and ask that the Nebraska Compromise be removed from H.R. 3590.

Sincerely,
Dustin McDaniel
Arkansas Attorney General


Sign up for the Daily Update email
Favorite

Comments

Subscribe to this thread:

Add a comment

More by Max Brantley

  • Where's the outrage?

    Am I the only person, apart from federal prosecutors, outraged about the criminal enterprise that inveigled itself into a privileged position as an Arkansas taxpayer-financed human services provider to the tune, today, of $43 million a year?
    • Jun 21, 2018
  • Where's the outrage?

    • Jun 21, 2018
  • Rutledge opponent hits her socializing with corporate interests

    Mike Lee, the Democratic candidate for attorney general, has criticized Attorney General Leslie Rutledge over recent reports of her participation at private meetings where corporate interests make big contributions to a political group she heads for access to state legal officers.
    • Jun 21, 2018
  • More »

Readers also liked…

Most Viewed

  • Proposed child holding site in Arkansas 5 miles from WWII Japanese-American internment camp

    One big difference between Rohwer and today: The parents kept at Rohwer in World War II weren't separated from their children.
  • LR woman sues Louisville police over failures in rape investigation

    Salisa Luster Harrison, who now lives in Little Rock, Tuesday filed a federal lawsuit in Louisville, Ky., alleging multiple failures by the Louisville police investigating a sexual assault of her more than 10 years ago.
  • Baby gorilla born at zoo

    The Little Rock Zoo has a happy announcement: The birth of a healthy baby gorilla. The baby, whose sex has not been determined, was born to Sekani, who came to the zoo in 2004 from Toronto; her baby is her third. The father of the baby is a silverback, Kivu, and he is being "very attentive" to his first child, the zoo reports. Kivu came to the zoo in 2016 from Santa Barbara.
  • All in the family: Ten relatives of top executives were on payroll at PFH, the nonprofit troubled by corruption scandals

    Preferred Family Healthcare, the Medicaid-enriched nonprofit with a vast network of service providers in Arkansas that gobbles up tens of millions of dollars in state funding annually, has been in the news frequently this year because of its connection to multiple federal corruption cases. According to the most recently available tax filings, in 2015 ten family members of top executive were on the payroll, drawing salaries from PFH — including relatives of all four of the executives who were put on leave in the wake of the scandals. Three of these family members were making more than $100,000.

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation