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AG to review heath-care bill's constitutionality

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The Indiana Attorney General is going to use one of his little-known authorities to review the constitutionality of the provisions of the recently passed U.S. Senate federal health-care bill.

Attorney General Greg Zoeller announced today his office will conduct the analysis, authorized by Indiana Code 4-6-8-2, on particular provisions of Senate Amendment 2786 to the Patient Protection Affordable Care Act, H.R. 3590. Zoeller is conducting the analysis based on a request from Sen. Richard Lugar, although he received similar requests from U.S. Reps. Dan Burton and Mike Pence.

Attorneys in the AG's office will review the bill's constitutionality and its impact on state government agencies if the current version were to pass. The bill has been controversial because it provides Nebraska with federal funding for expanded obligations that all states participating in Medicaid would have to undertake.

The AG's office will review whether the provision that only funds Nebraska's obligations, but not those of other states, would be constitutionally valid.

A report will be provided to the congressional delegation and their legislative staffs in time for the House-Senate conference committee negotiations in Congress, according to the AG's office.

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