McDonnell letter suggests McAuliffe can expand Medicaid

IN CHARGE: Gov. Terry McAuliffe has the authority to expand Medicaid, according to a letter written by former Gov. Bob McDonnell.

By Kenric Ward | Watchdog.org Virginia Bureau

RICHMOND, Va. – A letter from then-Gov. Bob McDonnell to U.S. Health and Human Services Secretary Kathleen Sebelius asserts that the governor has the power to expand Medicaid in Virginia – with or without General Assembly approval.

McDonnell’s March 5, 2013, letter declared: “As governor … the decision currently rests with me on whether or not to expand (Medicaid).”

McDonnell added that he had no intention of unilaterally enlarging the indigent-care rolls, saying he would wait for the Medicaid Innovation and Reform Commission to complete its analysis, due at the end of this year.

But McDonnell’s successor, Democratic Gov. Terry McAuliffe, is not so restrained. He has vowed not to sign any budget that fails to extend Medicaid coverage to 400,000 more Virginians.

Though McDonnell’s language suggests that the chief executive has the authority to counter any legislative opposition on Medicaid, the extent of gubernatorial power is up for debate.

“None of the Republican House leadership thinks he has a legal route, primarily because the legislature controls the purse,” said Craig DiSesa, who heads Middle Resolution, a group fighting Medicaid expansion.

Yet, DiSesa added, if lawmakers “kill the MIRC and give (state Health and Human Resources Secretary) Bill Hazel the power, then the governor would have the power to expand.”

“My personal take is that no one really knows except the governor’s inner circle.”

McAuliffe spokesman Brian Coy did not respond to Watchdog‘s request for comment by deadline, and lawmakers were staying mum about the prospects … for now.

“There will likely be legal action if (McAuliffe) tries” to expand Medicaid on his own, DiSesa predicted.

Kenric Ward is chief of Watchdog.org’s Virginia Bureau. Contact him at kenric@watchdogvirginia.org or at (571) 319-9824. @Kenricward

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Rob Port is the editor of SayAnythingBlog.com, a columnist for the Forum News Service, and host of the Plain Talk Podcast which you can subscribe to by clicking here.

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