Cape Girardeau, MO – Missouri Lt. Governor Peter Kinder filed a personal legal challenge to the federal health care overhaul law today in Cape Girardeau.
The state of Missouri is not suing the federal government. Rather, Kinder is bringing the lawsuit as a private citizen and in his capacity as Lieutenant Governor. He is relying on private donors to fund the challenge, though he did not specify his contributors.
Kinder singled out the so-called "Gator Aid" provision of the health care law, which allows citizens of certain counties in Florida to maintain private Medicare Advantage plans. Medicare Advantage will be phased out of all other states.
"It is arbitrary and capricious and does not pass what the law calls a reasonable or rational basis test," says Kinder. "That is, is there any rational basis for saying that by virtue of where you happen to live, you get to keep it? And the citizens of the other states are denied the equal protection of the law."
In addition, Kinder is challenging the law's provision that stipulates all citizens carry insurance plans. He also lambasted a requirement that will force the state of Missouri to pay a penalty to the federal government because state law requires more insurance coverage for autism patients than is federally mandated.