McLean, VA (written by Richard Wolf/USA Today) -- The Supreme Court's decision upholding President Obama's health care law but potentially limiting its scope has created a stark political divide among the nation's governors.
A 50-state survey by USA TODAY shows only Republican governors are refusing to expand Medicaid and only Democrats are vowing to expand it following the court's ruling that states cannot be penalized for failing to enlarge the program. More than half the governors are undecided.
The partisan gulf exposes problems for the law as it staggers from the 5-4 court decision, past GOP efforts to repeal it in Congress and toward a November election that could decide its fate. Without broad action by states, millions more Americans will remain uninsured, hospitals will face continuing demands for uncompensated care, and insurers may be forced to raise premiums.
"The low-income uninsured will continue to place financial pressure on the health care delivery system," says Diane Rowland, executive vice president of the non-partisan Kaiser Family Foundation.
The survey found seven Republican governors refusing to expand Medicaid and 22 others in doubt. Together, they represent nearly 10 million people who were projected to join the program.
"While we absolutely need to address the challenges of the uninsured, expanding Medicaid may not be the way to do it," says Utah Gov. Gary Herbert, a Republican. "Let's start this conversation over. . . with the states at the table."
By contrast, 13 Democratic governors and independent Lincoln Chafee of Rhode Island are fully implementing the law. Seven Democrats have not committed to expand Medicaid.
About 16 million people were projected to gain Medicaid coverage under the law, 60% of whom live in states with Republican governors. The court ruling threw out threatened federal penalties against states that do not comply, freeing states to reconsider the expansion.
Most Republican governors and legislatures also are on the fence or have decided not to set up state health insurance exchanges where individuals and small businesses can shop for plans. Just four are moving forward with such exchanges; the other states face delays or inclusion in a federal exchange.
Several of the nation's largest Republican-run states, such as Texas and Florida, previously announced their intent to sidestep the law. Texas Gov. Rick Perry on Monday called it a Washington "power grab." On Tuesday, the Republican Governors Association (RGA) wrote President Obama with a list of 30 outstanding questions. On Wednesday, Nebraska Gov. Dave Heineman, chairman of the National Governors Association, said his state can't afford the Medicaid expansion.
"Medicaid has been on an unsustainable path, comprising a growing share of state budgets every year," wrote Virginia Gov. Robert McDonnell, the RGA chairman. "It is difficult to see how expanding Medicaid without reform would do anything other than put more strain on state budgets and the taxpayers."
The Obama administration hopes most states fall into line. For three years, the federal government will pay to expand Medicaid to adults earning up to 138% of the federal poverty level - $31,809 for a family of four. States gradually will pick up 10% of the cost by 2020.
Currently, states are not required to cover childless adults. Still, "we think this is a deal that states, in the end, won't want to turn down," Secretary of Health and Human Services Kathleen Sebelius says.
The give-and-take between Republican governors and the Obama administration comes as the nation's governors hold their annual meeting this weekend in Williamsburg, Va., and four months before elections that will decide who controls the White House, Congress and 11 governors' offices.
The results of the federal election could sway states' decisions. If Mitt Romney leads Republicans to power, the health care law could be weakened or repealed, bolstering the position of GOP governors. If Obama is re-elected and Democrats retain control of the Senate, states may have reason to accept the Medicaid expansion, since all taxpayers will share in the cost.
In addition, newly elected governors and state legislators will have influence before the Medicaid expansions and insurance exchanges are scheduled to take effect in 2014.
Many states are backing away. "We struggle to fund our Medicaid program in its current condition," says Mississippi Gov. Phil Bryant, a Republican. The state can't afford an expansion "that would put one out of every three Mississippians on the program."
Most Democratic governors plan to plow ahead on both the Medicaid expansion and the creation of insurance exchanges, from which millions of people will choose coverage plans. "If the expansion is going to be there from the federal government, I don't know how you can turn your back on a couple hundred thousand of your working people," says Arkansas Gov. Mike Beebe, a Democrat.
Democratic governors in Delaware, Kentucky, Missouri, Montana, New Hampshire, North Carolina and West Virginia remain undecided about their plans, however.
"Unlike the federal government, Montana can't just print money," says Democratic Gov. Brian Schweitzer, whose state faces $71 million in costs over 10 years. "A new approach to controlling health care costs is needed. There are still a lot of unanswered questions."
Where the states stand on healthcare
Here is a look at where each of the 50 states stand on implementing President Obama's federal health care law.
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New England
Connecticut
Under Gov. Dan Malloy, a Democrat, Connecticut plans to fully implement the health care act and meet all deadlines. The state has hired staff and a board of directors to begin implementing health care exchanges and have them in place by the 2014 deadline set by the federal law. Connecticut already allows people under 26 years old to stay on their parents' health insurance policies, which is part of the federal law.
Maine
The state has passed laws implementing components of the law, such as allowing parents to add coverage of children up to age 26 and outlawing denial of insurance coverage due to pre-existing conditions. Maine has also passed a law that will allow consumers to shop out-of-state for coverage.
Massachusetts
A sweeping health care law was passed in 2006 that became the blueprint for the federal overhaul. Many of the key elements of the federal law, including the "individual mandate" requiring nearly everyone have insurance, remain the law in Massachusetts.
New Hampshire
Currently laws that echo portions of the Affordable Care Act are in place, such as allowing dependent unmarried residents to remain on their parent's health care insurance until age 26. Gov. John Lynch, a Democrat, last month signed a law preventing the state from establishing an insurance exchange. That means the state's exchange will be run by the federal government.
Rhode Island
The state has received $58 million in federal funds to assist in the creation of its health benefits exchange. Gov. Lincoln Chafee, an independent, says "the state has already done tremendous work to establish a (state-based) exchange."
Vermont
The state is setting up the exchange on its own, with the help of federal funds.
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Middle Atlantic
New Jersey
The state is weighing whether letting the federal government set up the state health insurance exchange would be a less expensive option. Gov. Chris Christie said he's not sure New Jersey needs to expand Medicaid under the federal law because the state's program for the poor and disabled already is inclusive.
New York
Gov. Andrew Cuomo, a Democrat, has ordered the establishment of a state-based health exchange aimed at the roughly 2.7 million New Yorkers lacking health insurance. The state also will expand Medicaid.
Pennsylvania
Republican Gov. Tom Corbett will push the state to set up its own exchange '"because it can do it better than the federal government."
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South Atlantic
Delaware
Officials are working on a health care exchange and accepting public input as they come up with minimum coverage requirements that must be included in health care plans for individuals and small businesses. The state is still reviewing its options for Medicaid expansion.
Florida
Republican Gov. Rick Scott ordered the state not to accept federal money for implementing the health care law. Florida has rejected or declined to pursue more than $106 million and has returned $4.5 million. The state has not implemented an exchange that would meet the requirements of the federal law.
Georgia
Georgia has done nothing to implement a health care exchange. Lawmakers have introduced bills that would either allow or hinder implementation of the law, though none have passed. The state is waiting for the outcome of the presidential election.
Maryland
Legislation has passed in Maryland to create a health care exchange, setting up standards and regulations to run the program and creating the framework for a marketplace where individuals and small businesses can purchase coverage.
North Carolina
Legislation aimed at prohibiting the mandate for individuals to buy health insurance was the first item introduced after Republicans took over control of by North Carolina's General Assembly last year. The Legislature did not set up a health care exchange before adjourning this year and Gov. Bev Perdue, a Democrat, is reviewing options
South Carolina
The state, which is among the states that sued over the constitutionality of the federal health care law, opted not to implement health care exchanges after a panel concluded there were too many unanswered questions. South Carolina is delaying action until after the presidential election.
Virginia
The state has expressed its intent to create a health care exchange, but Republican Gov. Bob McDonnell has not acted on recommendations made by a gubernatorial advisory council. Virginia filed its own lawsuit challenging the health care law, but lost in federal appeals court.
West Virginia
Legislation has been allowing for a state-run health care exchange and the state plans to work with the federal delegation on how to move forward.
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East South Central
Alabama
Republican Gov. Robert Bentley, a physician, created a commission in 2011 to recommend a plan for a health insurance exchange, but he successfully opposed efforts by some legislators to enact one in May. The state is reviewing the larger implications of the law.
Kentucky
The state will operate its own insurance exchange but has not decided whether to expand Medicaid.
Mississippi
Insurance Commissioner Mike Chaney, a Republican, has been working on a health care exchange and has accepted federal money for the project. The state is moving to establish a free-market health insurance exchange but will not expand Medicaid.
Tennessee
The state has laid the groundwork for a health insurance exchange but prefers a state-run exchange.
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East North Central
Illinois
The state has received three federal grants to study and start building its health insurance exchange, but the Legislature has failed to pass a law establishing it. Gov. Pat Quinn, a Democrat, has considered an executive order to do that, but now may pursue a federal-state partnership instead.
Indiana
No decision has been made to establish a state-based exchange and the decision to expand Medicaid will be made by the next governor and Legislature.
Michigan
The Department of Licensing and Regulatory Affairs has been working to set up a health insurance exchange but has had limited success because House Republicans refuse to let it use $9.8 million in federal planning dollars. Because of looming federal deadlines to have an exchange in place, state officials are planning for a state-run exchange while also talking to federal officials about a possible partnership on a federal exchange where the state handles just some responsibilities, such as customer service.
Ohio
The state will allow the federal government create a health exchange for the state but is reluctant to expand Medicare.
Wisconsin
The state has not begun setting up its health insurance exchange. Wisconsin does not plan to take any action until after the presidential election.
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West North Central
Iowa
The state does not have a law establishing a health insurance exchange, and Republican Gov. Terry Branstad says the state has already enacted several pieces of the law, including a website that helps residents find insurance, but the state has yet to comply with other requirements.
Kansas
The Republican-dominated state government has been hostile to the 2010 federal law and hasn't moved to set up a health care exchange. No decision will be made until after the presidential election.
Minnesota
The state has embraced the health care overhaul more than many states. Democratic Gov. Mark Dayton used a provision in the federal law to extend Medicaid coverage to more than 80,000 vulnerable adults as soon as he took office in 2011. His administration has focused on developing an online health insurance exchange envisioned as a key part of the law, securing $28.4 million from the federal government for Minnesota's planning efforts.
Missouri
The state received an initial planning grant but has not implemented a health insurance exchange. Missouri is currently reviewing the ruling.
Nebraska
The Legislature in 2011 passed a bill implementing the Silver State Health Insurance Exchange and creating a seven-member board to oversee it. Republican Gov. Brian Sandoval opposes the federal health care law and is reviewing the ruling to understand its implications.
North Dakota
The state is not moving to implement the law because of its cost and complexity.
South Dakota
Republican Gov. Dennis Daugaard has delayed work on setting up a health insurance exchange until after the presidential election.
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West South Central
Arkansas
The state decided on a federal-state partnership for its health insurance marketplace. Legislators blocked a bill by which the state would have created its own insurance exchange but have since accepted a grant that will allow it to at least have a role in the federally created exchange.
Louisiana
The state has not implemented health care exchanges and is waiting for the results of the presidential election.
Oklahoma
The state has not implemented health care exchanges and is waiting for the results of the presidential election. Oklahoma hasn't decided whether to expand Medicaid coverage to more uninsured adults.
Texas
The government has not implemented a health care exchange. Texas has joined with other states in challenging the law in court. Gov. Rick Perry, who is vocally opposed to the law, says the state can "deliver health care more efficiently, more effectively and cheaper than the federal government can."
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Mountain
Arizona
The state is among those challenging the constitutionality of the health care overhaul. The lawsuit covers about 22,000 people statewide, including some 14,000 people in the Phoenix area. Republican Gov. Jan Brewer's administration has made no decision.
Colorado
Lawmakers passed legislation in 2011 to set up health insurance exchanges, and a commission is in the process of implementing them. The exchanges are set to start October 2013.
Idaho
The state has not implemented health insurance exchanges, over objections from insurers including Blue Cross of Idaho. The state is waiting for the results of the presidential election.
Montana
Gov. Brian Schweitzer, a Democrat, says Montana is reviewing the decision.
Nevada
Legislature in 2011 passed a bill implementing the Silver State Health Insurance Exchange and creating a seven-member board to oversee it. Republican Gov. Brian Sandoval opposed the federal health care law as a candidate. The state is setting up a health insurance exchange and using funds provided in the law to do so
New Mexico
The state is developing its own insurance exchange and wants to have the revamped Medicaid program implemented in the fall of 2013.
Utah
The state implemented a health insurance exchange before the federal Affordable Care Act was passed to help small businesses obtain insurance coverage for their employees. Utah is among 26 states that sued the federal government over the law. Utah may not expand Medicaid.
Wyoming
While the state has not implemented health care exchanges, a steering committee is studying an exchange for Wyoming and will present a report to the Legislature this fall.
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Pacific
Alaska
Among the states that sued over the constitutionality of the federal health care law, Alaska has yet to implement a health care exchange. The health department has hired a consultant to help design one, and that report is expected soon. It may be months before decisions are made on Medicaid expansion and a health care exchange.
California
Parts of legislation are already implemented, including creating the beginnings of health care exchanges to provide consumers a marketplace to purchase insurance policies starting in 2014. The state has also already banned insurers from refusing coverage for children with pre-existing illnesses and young adults are allowed to stay on their parents' plans through age 26.
Hawaii
The state joined several states last year in filing a friend-of-the-court brief in support of the law. Gov. Neil Abercrombie, a Democrat, said at the time the law preserved the best elements of Hawaii's long-standing health care statutes. The state also used a $300,000 private grant to create a state job for a coordinator to implement the overhaul. Hawaii plans to develop its own insurance exchange, a key component of the federal overhaul.
Oregon
The state is working aggressively to implement the health care law and is farther along than most other states. The federal government has committed more than $60 million in grants to develop a health insurance exchange that could be duplicated in other states.
Washington
Republican Attorney General Rob McKenna signed on to the health care lawsuit against the wishes of the state's Democratic governor and majority Democrats, but Washington state moved ahead this past legislative session with implementing its own health insurance exchange.
AP, U.S. Census, The Henry J. Kaiser Family Foundation
By Blake Lam, Maureen Linke, Denny Gainer and Jerry Mosemak, USA TODAY