Lawmaker Challenges Health Care Exchange Executive Order
Friday, April 20, 2012
State Rep. Lisa P. Tomasso (D-Dist. 29, Coventry, West Greenwich), citing constitutional grounds, is supporting R.I. Right to Life’s legal challenge of Gov. Lincoln Chafee’s 2011 executive order creating the R.I. Health Benefits Exchange.
“I just want to be on record saying I support this lawsuit, not because of my opinion of the federal health care law, but because I believe the governor may have gone outside his scope of power when he issued that executive order. This is a constitutional issue, not a health care issue,” she said in a General Assembly press release.
Last year, Tomasso was one of five representatives sponsoring House Bill 5752, a measure to prevent the state from regulating or limiting abortion. The bill died in committee.
In her letter to RIRTL Executive Director Barth Bracy, Tomasso wrote, “After reading through the complaint, it is obvious that although RIRTL clearly has an alternate motivation for legally pursuing Governor Chafee’s executive order establishing the Rhode Island Health Benefits Exchange, the complaint is nearly predicated on a violation of the Constitution of the State of Rhode Island Separation of Powers. For this reason alone, every member of the General Assembly should be co-plaintiffs in the complaint.”
Lawyer Joseph S. Larisa Jr. filed the Superior Court lawsuit challenging the constitutionality of the executive order on behalf of RIRTL in December. The suit accuses Chafee of circumventing lawmakers and giving the health care exchange overwhelming power, including authorization to enter contracts and handle incoming and outgoing funds.
“We must adhere to the process established by the people to carry out our governmental duties.” Tomasso wrote.
The health benefits exchange would allow Rhode Islanders and small businesses to buy health care coverage and claim federal tax credits under the federal health care law. RIRTL has objected to the measure because it would involve federal funding of abortions.
The governor’s office filed its response on Friday, said Bracy, adding that no hearing date has been set.
Tomasso has not joined the lawsuit, which has 38 General Assembly co-plaintiffs, about one third of the legislature, Bracy said. In additional to the signees, he said, other legislators have voiced support for the suit but have chosen not to sign on.
“We refiled the suit about three weeks ago to add 10 more legislators, but I don’t think we’ll do it again unless we get at least five or six more who want to sign on,” Bracy said.
In her response. Claire Richards, executive counsel to the governor, maintained that Chafee was acting within his scope of authority.
