Mo. AG: Lt. Gov can't represent my state

John O'Brien Jul. 12, 2010, 1:51pm


ST. LOUIS (Legal Newsline) - Missouri Attorney General Chris Koster wants to intervene in a lawsuit filed last week by Lt. Gov. Peter Kinder that challenges federal health care reform.

Koster calls the allegations in the complaint "ambiguous" and says he has an interest in the case as the state's chief legal officer. Koster, a Republican-turned-Democrat, filed his motion to intervene and a partial motion to dismiss Friday.

Kinder filed the suit with three individuals who say they will have less access to affordable health care under the reform, signed into law by President Barack Obama in March. Missouri is now the 21st state to challenge the law.

"In his role as the exclusive representative of the state in litigation - a role that potentially is being subverted by the instant litigation - the Attorney General has an interest in these proceedings," Koster wrote.

"This interest addresses the core functions of the Attorney General's Office and it gives rise to a critical, fundamental question: Who speaks for the state of Missouri in the courts?

"Because the Missouri Legislature has answered this question in favor of the attorney general, he has an interest in ensuring that his office's authority is not undermined by the current posture of the instant litigation."

Koster says neither Kinder or the federal government can adequately represent his position and must be allowed to intervene. In his partial motion to dismiss, Koster also says Kinder's office can not bring an action on behalf of the state and must amend his complaint to make him a private citizen pursuing the lawsuit.

Kinder's fellow plaintiffs are:

-A woman with an 8-year-old autistic son who says the reform does not require insurance companies to provide coverage of autism-related treatments;

-A woman in her early 20s who will have to purchase health insurance which covers smoking cessation and substance abuse even though she does not smoke or drink; and

-A woman who will no longer be able to receive "Medicare Advantage" coverage even though individuals living in Florida are allowed to.

"This section of the health care law has been referred to as the 'Gator-Aid' provision," a release from Kinder's office says.

"It is neither fair or constitutional that Dale Morris is denied Medicare Advantage while a similarly situated resident of Florida is allowed to keep their Medicare advantage simply because Congress cut some back-room deal. The constitution requires all citizens to be treated equally and we ask the court to strike down this unconstitutional provision."

Nineteen states, including Florida, are challenging a $695 annual penalty that will be imposed on individuals who do not purchase health insurance. The state of Virginia is defending a state law that says none of its residents can be penalized for not purchasing health insurance.

"Missourians have less health care coverage after the federal law was passed than they did before it was passed," Kinder said. "The Missourians joining me in this case - and many thousands like them - now have less and more expensive health care."

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State of Missouri
Missouri, United States
Jefferson City, MO 65101

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