Cole County judge strikes down language in Mo. health care measure

Aug 28, 2012

A Cole County judge has struck down language authorized by Missouri Secretary of State Robin Carnahan in a ballot initiative dealing with the creation of a health insurance exchange. 

The language in question read in part if the law should “deny individuals, families and small businesses the ability to access affordable health care.” Attorney Jay Kanzler represents Lt. Governor Peter Kinder and other Republicans who filed suit.

“The choice is between a state exchange or a federal exchange. It is not a choice between having an exchange or not having an exchange. There will be health benefit exchanges come January 1st, 2014,” Kanzler said.

Judge Daniel Green agreed, and the ballot language now reads: “Shall Missouri Law be amended to prohibit the Governor, or any state agency, from establishing or operating state-based health insurance exchanges unless authorized by a vote of the people or by the legislature?”  There’s no word yet if Carnahan will appeal Judge Green’s ruling to the Missouri Supreme Court.