Alaska

An Alaska judge has ruled that state's governor had the authority to expand Medicaid, without legislative approval, to cover people between the ages of 19 and 64 who are not caring for dependent children, not disabled and not pregnant, and who earn up to 138 percent of the federal poverty level, The Associated Press' Becky Bohrer reports. 

Legislators argued that the group is not a mandatory group to be covered under Medicaid. The judge, however, ruled that state law needs to be changed for that population not to have to be covered.

The Alaska Supreme Court ruled that the state's Medicaid expansion could proceed today, Alaska Dispatch News' Tegan Hanlon reports. Governor Bill Walker expanded Medicaid over the objections of legislators, who argue they need to approve the expansion for it to be legal. The underlying lawsuit over the issue will still proceed because the court's order was about whether a temporary restraining order would go into place.

A state judge ruled Friday that Alaska Governor Bill Walker can expand Medicaid without legislative approval, Alaska Dispatch News' Nathaniel Herz reports. Legislators moved for a preliminary injunction to stop the expansion of coverage while they argue their underlying legal challenge to the legality of the executive action. Legislators argue that they must approve the expansion of Medicaid to groups whose coverage is not required under federal law.

However, the Alaska Supreme Court will hear the decision on appeal Monday.

Now that lawmakers in Alaska have voted to sue to try to block that state's expansion of Medicaid to 40,000 low-income adults, they will have to show irreparable harm will result if a preliminary injunction isn't granted against the expansion, APRN-Anchorage's Annie Feidt reports.

Legislators are arguing that the expansion needs to have their approval, that the population that would be covered by the expansion is not a mandatory group that must get health insurance coverage, and Gov. Bill Walker violated separation of powers by unilaterally authorizing the expansion.

The Associated Press' Becky Bohrer reports that the expansion would be for "people ages 19 to 64 who are not caring for dependent children, not disabled and not pregnant, and who earn up to 138 percent of the federal poverty level."

Attempts by legislative leaders to use Alaska's budget to stop the governor from accepting federal funds to expand Medicaid are likely unconstitutional, the Alaska Dispatch's Pat Forgey reports.

The governor wants to expand healthcare coverage to 20,000 or more low-income Alaskans. Legislators included provisions in the operating budget aiming to stop Governor Bill Walker from unilaterally accepting $130 million in federal money for the program.

Counsel for both the governor and for the legislature have concluded the legislative language is likely unconstitutional because the state constitution confines budget bills to appropriations.

Alaska Native tribes will now be able to prosecute domestic violence crimes committed against American Indians by non-Natives, The Washington Post's Sari Horwitz reports. A previous amendment to the Violence Against Women Act gave jurisdiction to tribal courts to prosecute domestic violence crimes and address the lack of legal protection that Native women have from assailants, but Sen. Lisa Murkowski (R-Alaska) added an exemption for Alaska Native tribes. Murkowski supported the rollback of the exemption.

The Alaska Supreme Court ruled last week that same-sex couples should be entitled to receive death benefits when one partner dies--despite a ban on same-sex marriage in Alaska, Reuters reports.

The Supreme Court also ruled earlier this spring that same-sex couples must be given the same treatment regarding tax exemptions for disabled veterans and senior citizens, Reuters also reports.

The family of Cameron Todd Willingham, who was executed by the state of Texas for allegedly killing his three children by setting his family home on fire, is seeking a post-death pardon for Willingham due to "outdated arson forensics and possible prosecutorial misconduct," the Austin Chronicle reports. In 2009, the New Yorker wrote an extensive and amazing piece on the Willingham case and whether an innocent man was executed. It is well worth a read: http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann

In another Innocence Project development out of Alaska, the Alaska Department of Law has asked law enforcement in that state to ask for an independent review of a Fairbanks murder, the Fairbanks Daily News-Miner reported. The Alaska Innocence Project asked for the exoneration of the four men convicted in that killing. The full report: http://www.newsminer.com/fairbanks_four/state-seeks-independent-review-o...

The ACLU has raised concerns that the Alaskan Health Information Exchange for sharing electronic health records is not secure against hackers and governemental intrusion by the NSA. For example, the ACLU opined: "Let’s be clear: electronic medical records can be a good thing. They can improve our health and make it easier for doctors to care for us. But a medical exchange that isn’t secure against spies and hackers is bad for Alaskans." The full OP/ED can be read here: http://m.newsminer.com/opinion/community_perspectives/risky-electronic-h...

But healthcare providers hit back, arguing the exchange is secure and that penalties for not ensuring patient privacy are high.