Corbett analyzing constitutionality of \”Nebraska Compromise\” in health care bill

Press release December 23, 2009

HARRISBURG – Pennsylvania Attorney General Tom Corbett said today that his office is conducting a legal analysis of the constitutionality of the provision granting Nebraska a permanent exemption from paying Medicaid expenses that all other states, including Pennsylvania, are required to pay.

Corbett said that Nebraska Senator Ben Nelson secured this special provision for Nebraska in exchange for his support of the Patient Protection Affordable Care Act.

Corbett said, \”The result of the Nelson amendment, which the media has dubbed \’The Nebraska Compromise,\’ could have dire financial consequences for Pennsylvania taxpayers, forcing them to help offset the cost of Nebraska\’s Medicaid recipients.

\”Medicaid expenses for Pennsylvania total approximately $15 billion per year and the Nelson amendment raises serious constitutional questions about imposing federal costs and mandates that treat one state differently from all the others. 

The issue of equity and tax fairness should not be ignored, whether it is at the local, state or federal level.\” 

Corbett said that he is working with attorneys general from across the nation who are also concerned with the impact that the Nelson amendment will have on their states.