CHARLESTON, S.C., Jan 14 (Reuters) - South Carolina lawmakers say they have found a way to stop implementation of the U.S. Affordable Care Act in their state, an effort that could provide a template for other Republican-led legislatures looking to derail the federal program.
The proposed measure would ban state agencies from helping carry out President Barack Obama's signature healthcare reform law and prevent federal money flowing through state coffers from being spent on it, said Republican state Senator Tom Davis.
The legislation would give South Carolina oversight of insurance rates offered through its federal exchange and require healthcare navigators, which help people sign up for the healthcare benefits, to be licensed by the state, said Davis, who chairs the committee drafting the measure.
The state's 2014 legislative session opens on Tuesday.
"Even though the federal government may pass a law, and even though that law may be constitutional, that doesn't mean that the federal government can direct the state to spend state dollars to implement it," he said. "States aren't simply political subdivisions of the federal government."
Six states have barred their employees from helping implement the law known as Obamacare, said Richard Cauchi, healthcare program director for the nonpartisan National Conference of State Legislatures.
At least eight states, including two that support the healthcare reforms, have regulated navigators, he added.
The new laws are mostly legally untested, Cauchi said.
"Florida and Ohio have said: 'We will have nothing to do with this law; we won't make it workable,'" he said. "At what point does state inaction constitute interference with a federal law?"
Last fall, a federal judge blocked Tennessee's "emergency rule," which would have fined healthcare navigators for helping people find insurance under the Affordable Care Act.
In December, Georgia lawmakers said they would follow South Carolina's lead this year in trying to prevent state agencies from taking part in Obamacare. With many legislatures convening this month, it is too soon to tell what other states will consider new obstacles to the law, Cauchi said.
Last year, South Carolina's House of Representatives passed legislation to nullify Obamacare, but Davis said that effort clearly would not have passed legal muster.
The state senator said he believed the rewritten bill, which he expects to be taken up for debate in a few weeks, would have teeth.
Opponents of the federal law are looking to South Carolina for a "template, something that other states can follow," Davis said. "It's like we're holding the fort until we can get people in Congress that can repeal or replace it."
He said he expected Democratic opposition and would need almost every Senate Republican's vote to stop a filibuster.
Critics of the South Carolina measure said the new attack on the Affordable Care Act was political theater.
"It is going to hurt people being able to access the marketplace because some of the navigator teams will pull out," said Brett Bursey, director of the South Carolina Progressive Network, a nonprofit coalition of liberal groups.
If the measure becomes law, it probably will face legal challenges from opponents, said Gibbs Knotts, chairman of the political science department at the College of Charleston.
"It's blocking access to something provided by the federal government," Knotts said. "There's all sorts of unfunded (federal) mandates that the states have to play a role in."
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.