SD Joins Health Care Lawsuit

Even with a battle from Republicans, the Senate has reformed parts of the health care reform law.

The changes go to the House of Representatives for final approval before heading to the President.

But, the battle is not over.

Despite Thursday's passage of reconciliation, several states including South Dakota have joined in a lawsuit questioning the law's constitutionality.

It’s one of 14 states that have joined this bi-partisan lawsuit against the federal government.

“What this new health care reform act does is it really turns that partnership into a dictatorship where the federal government will be making all the decisions but the state of South Dakota and the other states will be paying for that.  And, that's been the significant impact,” says South Dakota Attorney General Marty Jackley.

Jackley says the state has filed the lawsuit because the new federal mandates on Medicade will be unfunded and put a large burden on our state budget.

“This isn't the attorney general’s saying what health care reform should be this is a lawsuit saying 'neither congress nor the attorney generals should be making this decision, individual states who know their people, know their needs, understand their budgets better,’” says Jackley.

Jackley says this lawsuit will not cost tax payers as much as some people think.

The attorney general has set a $25,000 budget on this litigation, and Jackley says he doesn't expect to spend the whole budget.

In the coming weeks, Jackley expects to see amendments to the complaint to include additional states.

And he says if the states win the suit, it would be like the health care bill was never passed.

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