Current Developments
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Lawsuit Against the Governor's Administration |
| 12/5/2007 |
In particular, the lawsuit seeks to enjoin Department of Healthcare and Family Services Director Barry Maram from enforcing an expanded medical assistance program and to enjoin Comptroller Dan Hynes from authorizing payments from the State Treasury for this program.
Early this year, the Governor proposed a significant healthcare expansion program that was to be funded with a gross receipts tax (“GRT”) and a payroll tax. The healthcare expansion program was never adopted by the General Assembly and the GRT was also soundly rejected. Despite lack of approval by the General Assembly, the Administration decided to try to do a limited healthcare expansion by emergency rulemaking. This, too, was rejected, this time by the Joint Committee on Administrative Rules (“JCAR”). Nonetheless, the Administration has decided to by-pass the JCAR decision and to unilaterally expand healthcare offerings. However, until yesterday, no person or organization had challenged whether the Governor’s Administration has the power to expend funds for a purpose that appears to be without statutory authority. Indeed, the Administration’s behavior sets forth a Constitutional concern over separation of powers and runs the risk of setting a precedent of unilateral action notwithstanding the General Assembly.
Someone needed to stand up and challenge the Administration’s actions. What the Jobs Coalition has done is important. TFI supports them.
A press release and the legal filings may be accessed at this link: http://www.jobscoalition.org/
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