Republican Stupidity

HuffPo

Sen. Ron Wyden (D-Ore.) has a message for all the attorneys general and Republican lawmakers who are threatening lawsuits and claiming that an individual mandate for insurance coverage is unconstitutional: You don't have to abide by it -- just set up your own plan.
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Speaking to the Huffington Post on Tuesday, Wyden discussed -- for one of the first times in public -- legislative language he authored which "allows a state to go out and do its own bill, including having no individual mandate."

It's called the "Empowering States to be Innovative" amendment. And it would, quite literally, give states the right to set up their own health care system -- with or without an individual mandate or, for that matter, with or without a public option -- provided that, as Wyden puts it, "they can meet the coverage requirements of the bill."

"Why don't you use the waiver provision to let you go set up your own plan?" the senator asked those who threaten health-care-related lawsuits. "Why would you just say you are going to sue everybody, when this bill gives you the authority and the legal counsel is on record as saying you can do it without an individual mandate?"

The provision actually was taken directly from Wyden's Healthy Americans Act -- the far-more innovative health care reform legislation he authored with Republican co-sponsors. In that bill there is also an individual mandate that would require Americans to purchase insurance coverage. But states that found the mandate objectionable could simply create and insert a new system in its place. All it would require is applying for a waiver from the Department of Health and Human Services, which has a 180-day window to confirm or deny such a waiver.