Rep. Mark McCullough Will Not Seek Re-election

OKLAHOMA CITY –State Rep. Mark McCullough (R-Sapulpa, District 30) announced his intention to not seek re-election in 2016 and to retire from the House of Representatives after serving out the remainder of his current term. District 30 includes the communities of Sapulpa, Glenpool, Kiefer, Mounds, Liberty, Oak Ridge and Bixby.

“It has been the honor of a lifetime to represent the area where I grew up and where my family is from. I am very humbled that my friends and neighbors saw fit to allow me to serve them in the Legislature these ten years. I am grateful.” McCullough said.

McCullough entered the Legislature in 2006, winning a highly competitive election, and again in 2008 in another very competitive election year. He faced token opposition in 2010 and ran unopposed in the last two elections. 

Reflecting on his motivation for running for office, and now choosing to leave after his current term is up, McCullough stated: “The Lord put it on my heart to run for office, and now I believe He’s telling me its ok to step away. There will always be another battle to fight at the Capitol, and I’ve fought my share – and maybe a few more,” he added with a grin. “I’ve tried to be a good steward with my time in office, and now it’s time for the people of District 30 to begin the process of choosing who that new steward should be.”

When asked to comment about the impending legislative session and what he might do after leaving office he stated: “It’s definitely the budget. We are really in the hole this year, and I imagine most of my time will be spent on that.” I’m going to work until the bell, though, that’s how my parents taught me. After next November? Just keep practicing law and be a husband and dad. My family was very patient to share me with the state for a while and now I just want to try and spend more time with them.”

McCullough has been in solo law practice in Sapulpa for nine years where he focuses on Probate and Estate Planning. He is assisted in his practice by his highly effective legal secretary, office manager, and wife of 17 years, Charlotte McCullough. His son Everett is in sixth grade at Sapulpa Middle School and his son Clayton is in fourth grade at Freedom Elementary.

While in the Legislature, Rep. McCullough was involved in several major policy initiatives including pension reform, lawsuit reform, criminal justice reform, improvements in Medicaid and perhaps most significantly, worker’s compensation reform.

McCullough was an early – and sometimes lonely – voice in the Legislature for comprehensive worker’s compensation reform, ultimately being asked to serve on the House legislative team responsible for writing and guiding the final reform bill through in 2013.

When asked to reflect on that experience, he said, “Years back, I’d get asked to speak at worker’s comp conferences as the ‘other guy.’ I’d speak on the huge problems facing our system and the possibility of switching to a modern administrative system. I remember having the trial lawyers in the back of the room snicker loudly and otherwise express a lot of hostility.” He continued: “Well, a few of us never quit studying and preparing, so we had all the elements ready to go “off the shelf” when leadership decided to run the bill. And now we finally have a model administrative system based on best practices. A system that I believe is serving our workers much better than the old adversarial one, and is sending insurance premium rates through the floor, which helps businesses stay competitive – just like we thought it would.” 

In addition to policy work, McCullough has also served as Chairman of Judiciary Appropriations and Budget Committee for the last several years where he is responsible for evaluating and meeting the budget needs for several state entities including the Courts, the District Attorneys and the Attorney General’s office. He also serves on the full Appropriations and Budget Committee, and as such is on the Budget Team, where he has focused the bulk of his time and efforts in the Legislature the last few years. 

“The budget is a jealous and fickle mistress.” McCullough said. “It takes a ton of time and you don’t know which way it’s going to toss you at any given moment during session. You have to keep a lot of Alka Seltzer handy. The yearly budget is a big, very real, fight between competing priorities – with well represented advocates. One positive aspect of earning a spot on the Budget Team has been the opportunity to strongly advocate – year after year  – for the Common Education budget: either for a bigger slice of the pie or a lesser cut if times were tough. When it comes to the eight schools districts in District 30, it has always been an easy choice of what to fight for.”

Finally, Rep. McCullough has had a career long focus on the importance of preserving the traditional, nuclear family. “I just sensed early on that this was something that the Lord wanted me to focus on, and the message is this: The family is desperately important, especially to the well being of children. All the research tells us, the Scriptures tell us and common sense tells us that kids do better with mom and dad. We shouldn’t vilify single parents, we should help them, but we should do everything we can to keep couples healthily, happily married.”

McCullough held numerous studies on this issue of family fragmentation and its negative effects on society, its costs to government and how to prevent it. He also held press conferences raising awareness of the issue and ran several bills aimed at chipping away at the problem. One major success came two years ago when, working with Rep. Jason Nelson and many others, a bill passed bringing the first substantive change in Oklahoma’s divorce laws since the late 1950s. The bill required a statewide, pre-divorce class that included topics such as substance abuse, co-parenting, domestic violence and potential reconciliation. The bill was based on Tulsa District Court’s highly successful model.

McCullough went on to state that this accomplishment, like every major achievement in the Legislature, was a team effort, requiring seriousness of purpose and a focus on eternal principals. “If you hang around me down at the Capitol very long, you’ll hear a few saying bounce around the office with some regularity: 1) There is no “I” in Team, 2) I take the job seriously… but I hope I don’t take myself too seriously, and 3) If its not about God, what are we doing here?” He concluded: “I’m not the best Christian sometimes. Just ask the people that have to work with me. We all need Christ’s grace. But I do sincerely attempt to seek the Lord in all that I do in this job, while trying to weave Biblical principles into every bill and every transaction over which I have influence. And I pray in some small way, that has made a difference.”

Updated: Oklahoma Will Not Pursue a State-Based Exchange or Medicaid Expansion

Speaker-Designate Shannon Applauds Decision

OKLAHOMA CITY – Governor Mary Fallin today released the following statement announcing that Oklahoma will not pursue the creation of a state-based exchange or participate in the Medicaid expansion in the Patient Protection and Affordable Care Act (PPACA):

“For the past few months, my staff and I have worked with other lawmakers, Oklahoma stakeholders and health care experts across the country to determine the best course of action for Oklahoma in regards to both the creation of a health insurance exchange and the expansion of Medicaid under the Affordable Care Act. Our priority has been to ascertain what can be done to increase quality and access to health care, contain costs, and do so without placing an undue burden on taxpayers or the state. As I have stated many times before, it is my firm belief that PPACA fails to further these goals, and will in fact decrease the quality of health care across the United States while contributing to the nation’s growing deficit crisis.

“Despite my ongoing opposition to the federal health care law, the state of Oklahoma is legally obligated to either build an exchange that is PPACA compliant and approved by the Obama Administration, or to default to an exchange run by the federal government. This choice has been forced on the people of Oklahoma by the Obama Administration in spite of the fact that voters have overwhelmingly expressed their opposition to the federal health care law through their support of State Question 756, a constitutional amendment prohibiting the implementation of key components of PPACA.

“After careful consideration, I have today informed U.S. Secretary of Health Kathleen Sebelius that Oklahoma will not pursue the creation of its own health insurance exchange. Any exchange that is PPACA compliant will necessarily be ‘state-run’ in name only and would require Oklahoma resources, staff and tax dollars to implement. It does not benefit Oklahoma taxpayers to actively support and fund a new government program that will ultimately be under the control of the federal government, that is opposed by a clear majority of Oklahomans, and that will further the implementation of a law that threatens to erode both the quality of American health care and the fiscal stability of the nation.

“Furthermore, I have also decided that Oklahoma will not be participating in the Obama Administration’s proposed expansion of Medicaid. Such an expansion would be unaffordable, costing the state of Oklahoma up to $475 million between now and 2020, with escalating annual expenses in subsequent years. It would also further Oklahoma’s reliance on federal money that may or may not be available in the future given the dire fiscal problems facing the federal government. On a state level, massive new costs associated with Medicaid expansion would require cuts to important government priorities such as education and public safety. Furthermore, the proposed Medicaid expansion offers no meaningful reform to a massive entitlement program already contributing to the out-of-control spending of the federal government.

“Moving forward, the state of Oklahoma will pursue two actions simultaneously. The first will be to continue our support for Oklahoma Attorney General Scott Pruitt’s ongoing legal challenge of PPACA. General Pruitt’s lawsuit raises different Constitutional questions than previous legal challenges, and both he and I remain optimistic that Oklahoma’s challenge can succeed. 

“Our second and equally important task will be to pursue state-based solutions that improve health outcomes and contain costs for Oklahoma families. Serious reform, for instance, should be pursued in the area of Medicaid and public health, where effective chronic disease prevention and management programs could address the trend of skyrocketing medical bills linked to avoidable hospital and emergency room visits. I look forward to working with legislative leaders and lawmakers in both parties to pursue Oklahoma health care solutions for Oklahoma families.”

Speaker-Designate T.W. Shannon Comments:

Oklahoma House Speaker-elect T.W. Shannon released the following statement today in response to the announcement by Gov. Mary Fallin above.

“I applaud Gov. Fallin for her courage in taking a stand for the people of Oklahoma. Oklahomans have long opposed Obamacare because they recognize how intrusive and unworkable the law is going to be. Our Medicaid program is already unsustainable and needs to be reformed at the state level with solutions that reflect our unique challenges.

“Regarding the health insurance exchanges, it is important to understand that even if we were to create an exchange, the rules are written in Washington, D.C. and the exchanges are going to be controlled by the federal government. The law does not give the state enough flexibility to create an exchange model that would work for Oklahomans.

“Any state initiated exchange as allowed for under Obamacare would require Oklahoma to create a massive new bureaucracy and would enable new federal taxes on our employers. I am confident the lawsuit filed by Oklahom’s Attorney General to mitigate the harmful consequences of Obamacare is going to succeed, and the unworkability of the law will lead to its repeal.

“It is increasingly evident that reform will come from the state level. Oklahoma has drawn a line in the sand, and I am proud to stand with Gov. Fallin and our citizens to continue leading the fight against a federal government that increasingly overreaches and tramples the rights of individuals and the states.”

AG’s Federalism Unit Files Amended Lawsuit against Affordable Care Act

New IRS rule to tax businesses conflicts with health care law

OKLAHOMA CITY – Attorney General Scott Pruitt filed an amended complaint Wednesday in Oklahoma federal court, challenging the implementation of certain provisions of the Affordable Care Act.

“Oklahoma is in a unique position with the only active lawsuit against the Affordable Care Act to hold the federal government accountable in how it implements the law,” Pruitt said. “Now that the Supreme Court has deemed the ACA a tax, and therefore constitutional, the federal government must follow the law and proper procedures, and that is not being done.”

The original lawsuit, filed in January 2011 in the U.S. District Court for the Eastern District of Oklahoma, challenged the health care act’s constitutionality under the Commerce Clause, specifically whether the federal government had the power to mandate individuals to buy health insurance as simply a condition of being a citizen. Oklahoma’s lawsuit was stayed by Judge Ronald White until the U.S. Supreme Court issued a ruling in the Florida case.

In June, the Supreme Court sided with the states, agreeing that the health care law had exceeded its power under the Commerce Clause, but the Court gave authority to implement the individual mandate as a tax under Congress’ Taxing Power.

Following the decision, General Pruitt filed a request with Judge White to lift the stay on the Oklahoma case, so new issues related to implementation of the act could be addressed. The judge granted the request last week, lifting the stay.

With Oklahoma’s lawsuit still at the district level, the state can amend the complaint, which would not be allowed with cases on appeal.

Among the issues raised in the complaint is a new IRS rule that violates the Administrative Procedures Act and conflicts with the ACA. Oklahoma also is asking the Court to recognize that because the Supreme Court deemed the health care act’s individual mandate a tax that it no longer conflicts with Oklahoma’s constitutional provision that no law or rule can “compel any person, employer or health care provider to participate in any health care system.”

For a copy of the original and amended complaints or the state’s motion to lift the stay, go online to www.oag.ok.gov.

Pruitt v. Sebelius-Motion to Lift Stay(Final).pdf

Original Complaint - Healthcare.pdf

Oklahoma Amended Complaint.pdf

Pruitt Takes Action on Oklahoma Health Care Lawsuit

Oklahoma amendment still protects Oklahomans from being forced to buy health care; Supreme Court decision, other federal actions raise new questions about constitutionality 

OKLAHOMA CITY – Attorney General Scott Pruitt Friday asked a federal judge to lift a stay on Oklahoma’s health care lawsuit and allow the state time to address the U.S. Supreme Court’s ruling on the Affordable Care Act. 

The Oklahoma lawsuit was filed on Jan. 21, 2011, in the U.S. District Court for the Eastern District of Oklahoma. It is pending before Judge Ronald White, who stayed the case while the U.S. Supreme Court decided a lawsuit filed by Florida and 25 other states. The Supreme Court decision was issued in June. 

“The Supreme Court agreed with Oklahoma’s claims that the Commerce Clause does not give the federal government power to compel Americans to buy a product. But in the process, the Court found the individual mandate to be a new tax, which now raises significant questions about its validity as a revenue-raising measure,” Pruitt said. “This is a critical issue for Oklahoma residents and businesses, so we are asking the court to lift the stay and give us 30 days to determine the next step.” 

The Attorney General’s Office is reviewing several aspects of the health care law and tax, including a new rule by the Internal Revenue Service. The rule contradicts a provision in the health care law that keeps businesses from being taxed for lack of employee insurance coverage in states like Oklahoma, where a state-run health insurance exchange has not been created. 

Attorneys, led by the Solicitor General, also are assessing the effect of the Supreme Court’s ruling on Oklahoma’s constitutional amendment (Article II, Section 37) that prohibits any government from “mandating” Oklahomans to purchase health insurance. State Question 756 – The Oklahoma Health Care Freedom Amendment – was passed in November 2010 with more than 70 percent of the vote. 

“This lawsuit has never been about health care. It is about the limits of the federal government under the spirit and letter of the Constitution, and whether they have exceeded those limits through this act,” Pruitt said. “Our duty is to defend the states’ role and provide a check for this out-of-control administration that unashamedly seeks to exceed its authority.”

Pruitt v. Sebelius-Motion to Lift Stay(Final - Version 3).pdf

How ObamaCare Changes Lives

This video is a reality check

Reaction to SCOTUS Health Care Law Decision

State Rep. Jason Nelson, R-Oklahoma City, today issued the following statement regarding the U.S. Supreme Court decision upholding the Patient Protection and Affordable Care Act. Nelson last year served as a member of the Joint Task Force to Study the Federal Health Care Law.

“I want Oklahoma to stand strong in its continuing fight against the implementation of this destructive Federal law at every turn and I will do everything I can to assist in the effort.

“Chief Justice John Marshall’s 1819 axiom, ‘The power to tax is the power to destroy,’ came to mind as I heard the news of the U.S. Supreme Court decision today upholding Obamacare on the basis that it is a tax. Clearly that power has been trained on individual and religious liberty by President Obama and Democrat Leaders in Congress.

“It is unimaginable that our Founding Fathers could have intended for the Federal government to compel American citizens to buy health insurance or pay a tax.”

Governor Mary Fallin released the following statement:

“Oklahomans have voiced their opposition to the federal health care bill from the very beginning, having approved a constitutional amendment to block the implementation of this bill in our state. We believe that, rather than Big Government bureaucracy and one-size-fits-all solutions, the free-market principles of choice and competition are the best tools at our disposal to increase access to health care and reduce costs.

“I’m extremely disappointed and frustrated by the Supreme Court’s decision to uphold the federal health care law.  President Obama’s  health care policies will limit patients’ health care choices, reduce the quality of health care in the United States, and will cost the state of Oklahoma more than a half billion dollars in the process. 

“Today’s decision highlights the importance of electing leaders who will work to repeal the federal health care law and replace it with meaningful reform focused on commonsense, market based changes.”

House Speaker Kris Steele issued the following statement:

“It’s unprecedented to see America’s highest court rule that the federal government is more powerful than the individual despite the fact that our nation’s founding principles say the opposite. This was a deeply divided opinion, with the dissenting justices explaining precisely why Oklahoma has opposed this law from the beginning. The constitutional concerns that led Oklahoma to tread carefully with policy decisions on all elements of this law – big and small – have proven valid, given the narrowly split opinion. Our best hope now is to elect those willing to repeal this law and work together to find better solutions to the significant health care challenges faced by our state and nation.” – House Speaker Kris Steele, R-Shawnee

The Oklahoma Republican Party released the following statement:

The Oklahoma Republican Party released the following statement upon today's Supreme Court decision to uphold Obamacare - including the controversial individual mandate:

"It was over two years ago that Nancy Pelosi said, 'We have to pass the bill so you can find out what is in it.' Well, Americans did find out what was in it and they've been against this massive government-growing, budget-busting, hyper-partisan bill ever since," said OKGOP Chairman Matt Pinnell.

"The Supreme Court has provided us one more strong argument for why Governor Romney must defeat Barack Obama this November. Governor Romney has been crystal clear: he will repeal and replace Obamacare," concluded Pinnell.


The Facts About Obamacare

Nearly Three-Quarters Of Small-Business Owners Blame Obamacare For Impeding Job Creation. “As part of the explanation for the general economic pessimism, 78 percent of small businesses believe that taxation, regulation and legislation from Washington make it harder for businesses to hire more employees — and 74 percent blame the recent health care reforms passed by the Obama administration for creating an impediment to job creation.” (Tim Mak, “Chamber Poll: Small Biz Blames D.C.,” Politico, 1/18/12)

Obamacare Contained “The Largest Tax Increase Since 1993.” “Keep in mind that Mr. Obama has already signed the largest tax increase since 1993. While everyone focuses on the Bush tax rates that expire after 2012, other tax increases are already set to hit the economy thanks to the 2010 Affordable Care Act.” (Editorial, “Taxes Upon Taxes Upon…,” The Wall Street Journal, 7/11/11)

The Nonpartisan Congressional Budget Office Estimated That Obamacare Will Raise Taxes By Hundreds Of Billions Of Dollars Over Its First 10 Years. (CBO Director Douglas W. Elmendorf, Testimony, U.S. House Of Representatives, 3/30/11)

U.S. Supreme Court to Hear Health Care Law Arguments Next Week

The U.S. Supreme Court is schedule to begin hearing arguments in the Patient Protection and Affordable Care Act cases on March 26, 27, and 28. 

The Court will not allow the proceedings to be televised, but is planning to provide the public with audio recordings and transcripts of the oral arguments on an expedited basis through the Court’s website.  The Court will post the audio recordings and unofficial transcripts as soon as the digital files are available. Morning session files should be available no later than 2 pm.  The recording and transcript of the March 28 afternoon session should be available no later than 4 p.m.

Links to the recordings will be available through links on the Court’s homepage, www.supremecourt.gov. 

Links to the orders and briefs as well as other pertinent documents are available on the U.S. Supreme Court resource page, http://www.supremecourt.gov/docket/PPAACA.aspx.

The arguments will be presented as follows:

Department of Health and Human Services v. Florida (11-398)
(Anti-Injunction Act)
Monday, March 26, 2012, at 10 a.m. (90 minutes for oral argument)

Department of Health and Human Services v. Florida (11-398)
(Minimum Coverage Provision)
Tuesday, March 27, 2012, at 10 a.m. (2 hours for oral argument)

National Federation of Independent Business v. Sebelius, Secretary of Health and Human Services (11-393)

Florida v. Department of Health and Human Services (11-400)
(Severability)
Wednesday, March 28, 2012, at 10 a.m. (90 minutes for oral argument)

Florida v. Department of Health and Human Services (11-400)
(Medicaid)
Wednesday, March 28, 2012, at 1 p.m. (1 hour for oral argument)

Pruitt Joins Nine Attorneys General in Letter Defending Religious Liberty

AGs oppose insurance mandate; prepare to challenge in court 

OKLAHOMA CITY – Attorney General Scott Pruitt joined attorneys general from Nebraska, Texas, Maine and six other states in a letter to U.S. Health and Human Services Secretary Kathleen Sebelius, expressing “strong opposition” to an upcoming health insurance mandate that requires religious employers to provide coverage for services such as sterilization that contradict their religious beliefs.   

The letter, sent to Secretary Sebelius, Labor Secretary Hilda Solis and Treasury Secretary Timothy Geithner, cites issues with the mandate’s policy implications, potential consequences for the religious employers and its constitutional conflict with freedoms of religion, speech and association as provided under the First Amendment. 

“Not only is the proposed contraceptive coverage mandate for religious employers bad policy, it is unconstitutional,” the AGs wrote. “We believe it represents an impermissible violation of the Constitution’s First Amendment virtually unparalleled in American history.” 

Attorney General Pruitt and the other AGs said they plan to “vigorously” challenge the unconstitutional mandate in court if not withdrawn by the federal government. 

“Any regulation that requires a religious group to violate their lawful beliefs and practices goes directly against the ideals that our Founding Fathers set in place to protect Americans from an overbearing and intrusive government,” Pruitt said. “It conflicts with the most basic elements of freedom provided to all Americans to practice their lawful religion wherever, whenever and however they choose. For that reason, we have asked Secretary Sebelius to not put this regulation into action.” 

For a copy of the attorneys general letter, go online to www.oag.ok.gov.

Doak Disappointed by Denial of Obamacare Waiver Request

OKLAHOMA CITY –Oklahoma Insurance Commissioner John D. Doak expressed grave disappointment Wednesday that Oklahoma’s request for a waiver on Medical Loss Ratio requirements from the U.S. Department of Health and Human Services was rejected. 

Announcement of the rejection came yesterday from Washington. 

“This decision could lead to a massive disruption of our insurance markets in Oklahoma,” Doak said in response.

The Medical Loss Ratio (MLR) in essence is a calculation of what percentage of each policyholder dollar is spent on delivering benefits or improving care, versus how much is spent on administration and profits. The Patient Protection and Affordable Care Act (PPACA) has set an 80 percent minimum MLR for companies doing business in the individual and small-group health insurance markets; an 85 percent MLR for large-group plans.

Oklahoma Insurance Department in September sought a gradual phase-in of the 80 percent ratio in the individual market only, rather than immediate and strict enforcement of those targets by the Department of Health and Human Services (HHS). No changes were requested by Oklahoma for the small-group and large-group markets.

Noting the disproportionate and potentially damaging effect of the high MLR on certain smaller companies and the possible impact in particular on Oklahoma’s rural communities, Doak requested that insurers be required to meet a 65 percent MLR for 2011, 70 percent in 2012 and 75 percent in 2013, with full compliance with the 80-percent standard for individual policies by the time the bulk of PPACA’s provisions are fully in force in 2014.

“We asked for a decision that would first and foremost do no harm to the current markets,” said Mike Rhoads, Deputy Commissioner of Life and Health Insurance at OID. “We wanted to keep coverage available, to keep all carriers large and small in our individual market.” 

Meeting MLR requirements should be easier for much larger carriers, which can spread the cost of administration over a vast base of policyholders. 

Conversely, Doak believes certain smaller companies might be forced to comply with PPACA’s MLR provisions by reductions in force that destroy Oklahoma jobs, meanwhile limiting consumers’ access to the counsel of licensed agents and decreasing the availability of customer service to policyholders. Some small companies might decide to leave the Oklahoma market altogether, surrendering progressively larger segments of the market to one or two major carriers and reducing consumer choice. 

New Rule Restores Health Insurance Market for Children

Oklahoma City – Oklahoma Gov. Mary Fallin on Monday gave her approval to an emergency rule intended to close an insurance gap created by federal health care reform.

For some 18 months, “child-only” policies for ages 19 and under have not been sold by any insurance company doing business in Oklahoma, a response by insurers to new federal regulations in the Patient Protection and Affordable Care Act. Insurance Commissioner John D. Doak said yesterday that Gov. Fallin’s signature should revive that market for the vast majority of uncovered children.

The revised emergency rule permits carriers to determine the age range in which they intend to offer coverage to all applicants during defined enrollment periods. Deputy Commissioner of Health and Life Insurance Mike Rhoads said insurers are expected to resume selling child-only policies for applicants ages 1 to 19.

A special enrollment period for coverage will take place in January and February 2012.

“I applaud Gov. Fallin’s decision to provide coverage options to as many Oklahoma children as possible,” Doak said. “I look forward to health insurers re-entering the Oklahoma child-only market during the new year.”

Doak noted that coverage has always remained available for children of all ages as part of family insurance plans, and that disadvantaged Oklahoma children were still covered by programs like SoonerCare. Child-only insurance is purchased by parents or guardians whose incomes don’t qualify for government programs and who cannot or choose not to buy private coverage for the whole family.

“For 18 months this specific type of coverage has been completely unavailable due to federal interference in the insurance market,” said Doak.

State Leaders React Positively to Supreme Court Action On Obamacare

OKLAHOMA CITY – Oklahoma leaders reacted positively to news that the Supreme Court has agreed to hear the challenge by small businesses and 26 states to President Obama’s unconstitutional health care law during the current term. It has been reported that a decision could likely be issue by the court next June, in the middle of the presidential campaign where the national health care law will be a major issue. 

Oklahoma Governor Mary Fallin released the following statement yesterday on the U.S. Supreme Court’s decision to hear arguments on the Patient Protection and Affordable Care Act (PPACA):

“President Obama’s health care law is unconstitutional and unaffordable. Not only will it limit choice and undermine the quality of American health care, it stands to cost the state of Oklahoma about half a billion dollars in the process.

“Our citizens have already passed a constitutional amendment blocking its implementation in Oklahoma, and it’s clear that a majority of states are similarly opposed to the mandates, new taxes, and out-of-control spending proposed in the law.

“The Supreme Court should strike down the president’s health care reform as unconstitutional as soon as possible. The uncertainty surrounding the future of PPACA is frustrating to those who believe it stands as an obvious affront to constitutional principles, and a hindrance to crafting serious budget and health care policy on both the state and federal levels.”

Senate President Pro Tempore Brian Bingman, R-Sapulpa, released the following statement Monday:

“Oklahomans know President Obama overreached when he forced his unconstitutional government healthcare takeover through Congress. That’s why our state voted overwhelmingly to keep Obamacare, and its individual mandate to buy government-sanctioned health insurance, from becoming law.

“Obamacare represents a dangerous, unprecedented expansion of the federal government’s reach into our everyday lives. Worse yet, it will kill jobs and crush small businesses under the weight of unsustainable cost increases.

“It is my hope that the Supreme Court will reject President Obama’s unconstitutional health care law, just as we’ve done here in Oklahoma.”

Oklahoma Attorney General Scott Pruitt issue the following statement yesterday:

"The Supreme Court did the right thing by agreeing to decide the constitutionality of the healthcare law this session. It should be noted the Supreme Court allowed an unprecedented 5 1/2 hours for oral argument, which speaks to the importance of the issues being decided. 

“We expect the Court to decide the case before the presidential election, so the American people have an answer on the constitutionality of this overreaching legislation when they choose their next leader. 

"Requiring every citizen to purchase a product from private companies encroaches on our individual liberty. We will continue to fight the continuous attempts by this administration to hide behind the guise of change to force unnecessary and overreaching federal regulations on American families and businesses."

Oklahoma's lawsuit is pending in the Eastern District of Oklahoma.

Understanding Faith-Based Options for Health Care

By John D. Doak, Oklahoma Insurance Commissioner

With health care costs escalating and the federal government grasping for control of everything from the purse strings to your choice of doctors, specialists and treatments, many Oklahomans are searching for innovative, individualized ways to achieve wellness. Among those options are faith-based health-care “sharing ministries.”

Often invoking Scripture such as Galations 6:2 – “Carry each other’s burdens, and in this way you will fulfill the laws of Christ” – these organizations in effect are nonprofit cooperatives. An estimated 100,000 people nationwide have joined such bill-sharing groups, which act as an organizational clearinghouse for information between participants who have financial, physical or medical needs and participants who presently have the ability to pay for the benefits of those who have needs. Members deposit monthly fees into an account and managers of the organization distribute the funds to pay bills incurred by individual members.

Many members of these organizations say they also receive spiritual support from their health-care sharing ministry, beyond the financial impact of the group.

An added benefit for those who join these health-care sharing ministries is that their participation makes them no longer subject to Washington’s individual mandate to purchase insurance, which eventually will be enforced as part of President Barack Obama’s Patient Protection and Affordable Care Act provided the federal law is not overturned in the courts. Section 1501(b) of the PPACA adds Section 5000A to the Internal Revenue Code, exempting members of a health-care sharing ministry from being required to purchase private insurance.

As a man of great faith, an opponent of PPACA, and an advocate of free-market solutions to insurance issues, I support health-care sharing ministries as an option for Oklahoma consumers.

But I must also make it clear that the Oklahoma Insurance Department by law cannot provide consumer protections to those who choose to participate in health-care sharing ministries.

Some history on the subject might illustrate that point.

Under the previous administration, the Oklahoma Insurance Department found that a health-care sharing ministry known as Medi-Share was actually operating in this state as an insurance company without license to do so.

In 2008, Medi-Share was enjoined by OID from acting as an insurer in the state of Oklahoma. That same year, the Oklahoma Legislature amended the requirements of the state Insurance Code 36 O.S. § 110(11) to provide that the Insurance Department did not have regulatory powers over health-care sharing ministries. Meanwhile, Medi-Share modified its operations so that it facilitated direct member-to-member sharing of health care expenses, making its operating model compliant with the revised Oklahoma law. In 2009, Medi-Share resumed operations in Oklahoma as a health-care sharing ministry.

What this means in layman’s terms is that  while faith-based sharing organizations might be an option to make health care more affordable and to keep the federal government out of your family’s health care choices, you cannot bring consumer complaints to me as your Insurance Commissioner or to the Oklahoma Insurance Department for resolution. You will have to settle any potential dispute with your health-care sharing ministry on your own.

Consider this as you weigh the decision to join a health-care sharing ministry.

For more information on this topic or about any form of insurance in Oklahoma, don’t hesitate to contact the Oklahoma Insurance Department’s Consumer Assistance Hotline at (800) 522-0071. You can also visit us online at oid.ok.gov.

Governor, AG Comment on Appeals Court Ruling on Federal Health Care Law

OKLAHOMA CITY – Governor Mary Fallin today released a statement supporting the ruling of a federal appeals court in Atlanta that the “individual mandate” contained within the federal health care law was unconstitutional.  The federal panel said in the majority opinion, “This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority.”

Fallin released the following statement:

“I am pleased that yet another federal court has agreed that the ‘individual mandate’ contained within the president’s health care law is unconstitutional,” Fallin said. “Oklahomans have made it clear the federal government under no circumstance should be allowed to force citizens to purchase health insurance. As this case moves through the federal court system, I look forward to continued validation that the ‘individual mandate’ is unconstitutional and in contradiction with the free market principles that have made this nation great.”

Attorney General Scott Pruitt released a statement in support of the ruling by the U.S. appeals court:

“I am pleased the 11th circuit ruled today that the federal government cannot force Americans to buy health insurance.

“Indeed, the ruling affirms and strengthens Oklahoma's position,” said Pruitt.

Pruitt continued, “It has always been our belief the individual mandate was unconstitutional and that Oklahoma and other states have the right to challenge the law.”

Governor Mary Fallin Announces Appointments

OKLAHOMA CITY – Governor Mary Fallin today announced appointments to the Oklahoma State Council for Interstate Adult Offender Supervision, Oklahoma Health Information Exchange Trust, Construction Industries Board, Commission for Rehabilitation Services, Polygraph Examiners Board, Board on Judicial Compensation and the Oklahoma Department of Libraries Board.

Commission for Rehabilitation Services

Lynda Collins of Mannford is retired after serving 33 years at the Department of Rehabilitation Services. She earned a bachelor’s degree from East Central University and a master’s from OSU. Collins will serve a three year term and is replacing Ben White. His appointment does not require confirmation from the Senate.

Oklahoma Health Information Exchange Trust

Joe Nicholson of Tulsa is the vice president and national medical director at Cancer Treatment Centers of America. He attended the College of Osteopathic Medicine at Oklahoma State University in Tulsa. Nicholson will serve a five year term and is replacing Brian Yeaman, who resigned. His appointment does not require confirmation from the Senate.

Health care law committee to begin work

OKLAHOMA CITY – Legislative leaders yesterday announced membership and meetings of the Joint Committee on Federal Health Care Law, a special legislative committee that will study how the new federal health care law affects Oklahoma.

Senate Pro Tem Brian Bingman and House Speaker Kris Steele ordered the formation of the joint committee this past legislative session to ensure Oklahoma properly addresses the Federal Patient Protection and Affordable Care Act.

At the direction of co-chairmen Sen. Gary Stanislawski, R-Tulsa, and Rep. Glen Mulready, R-Tulsa, the Joint Committee on Federal Health Care Law will do its work through a series of public meetings in Oklahoma City and Tulsa.

The committee’s first meeting will be Sept. 14 in Oklahoma City. The committee is expected to meet at least five times through November.

“Having suitable health care options in Oklahoma is an issue the Legislature takes very seriously and intends to proactively protect and address through this committee,” said Stanislawski, a Certified Financial Planner. “Oklahoma patients, taxpayers, businesses, health practitioners, insurers and others all have wide-ranging questions and concerns about this largely unwanted new federal law. The law will affect all Oklahomans, some in significant ways, so this committee will seek to address all relevant questions and concerns for the benefit of all Oklahomans.”

Among the topics to be studied are the state of health care in Oklahoma, logistics and ramifications of implementing the federal health care law, implementation timelines, responses to the law and the costs local governments and businesses may face as a result of the law.

The committee will also explore the implications Oklahoma’s lawsuit challenging the law’s constitutionality may have on the law’s implementation here.

“Clearly, most Oklahomans oppose this law. While we have taken steps to guard against harmful portions of the law, we would be remiss if we did not continue reviewing it so we can do our best to protect a choice-based, free-market health care system for Oklahomans,” said Mulready, a 28-year insurance industry veteran. “Simply put, the committee will show Oklahoma what to expect from this law, how we can continue to protect Oklahoma’s interests and how we can make sure we are best prepared as a state.”

The committee will solicit testimony and recommendations from a wide range of public and private sector experts. It is expected to hear from state and federal policymakers, business officials, insurance agents and brokers, legal experts, health care industry officials and more.

“All parties will be at the table working to make sure Oklahomans have health care choices, not mandates,” said Bingman, R-Sapulpa. “This is an opportunity for Oklahoma to assert our state’s rights and I’m confident all stakeholders will rise to the challenge so we can avoid dangerous federal mandates wherever possible.”

Ultimately, the committee will make recommendations on how the state should address components of the federal health care law.

“The committee will explore all possibilities for putting forth Oklahoma solutions that support a free market health care system,” said Steele, R-Shawnee. “Not everything is clear about this law, and most of us don’t like it, but what we do know is Oklahoma cannot afford to be caught flat-footed, unprepared and unprotected if it takes effect. As much as anything else, this committee ensures Oklahoma is prepared.”

Committee members are:

Sen. Gary Stanislawski, R-Tulsa, co-chair

Rep. Glen Mulready, R-Tulsa, co-chair

Sen. Cliff Aldridge, R-Oklahoma City

Sen. Bill Brown, R-Broken Arrow

Sen. Brian Crain, R-Tulsa

Sen. Sean Burrage, D-Claremore

Sen. John Sparks, D-Norman

Rep. Doug Cox, R-Grove

Rep. Randy Grau, R-Edmond

Rep. Jason Nelson, R-Oklahoma City

Rep. Jeannie McDaniel, D-Tulsa

Rep. Danny Morgan, D-Prague