A pared-down version of a controversial anti-federal health reform bill passed the Senate on Thursday and likely is to be enacted.
HB67 must return to the House for agreement with a Senate amendment before heading to the governor, who is inclined to sign it.
As amended, HB67 would require state agencies to report to the Legislature before implementing any health care program enacted by Congress. A previous version of the bill went further, raising constitutional concerns because it would have required the Legislature and governor to endorse the federal plan before an agency could adopt it.
Democrats warned the bill could have cost the state hundreds of millions in Medicaid funding. Legislative attorneys also said it might have violated the supremacy clause and separation of powers doctrine of the U.S. Constitution, inviting a costly lawsuit.
But having worked with sponsoring Rep. Carl Wimmer, R-Herriman, to change the bill, Gov. Gary Herbert "is comfortable with the current language," said his spokeswoman, Angie Welling.
The Senate passed the amended version in a 22-7 vote split along party lines. But the intent of the bill hasn't changed, and the constitutional alert remains attached.
"That's a red flag for me," said Senate Minority Leader Pat Jones. "Money spent defending the bill in court would be better used to fund education and restore cuts to programs benefitting some of our most vulnerable citizens."
