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Maine's high court will decide medicaid expansion suit

The governor's lawyer says the program cannot begin until there's an agreement in funding for the state share of the vests. That has not happened, and the governor vetoed the funding plan from Democrats.

PORTLAND (NEWS CENTER Maine) — Thousands of Mainers are still waiting for health care coverage to begin with Medicaid expansion. The issue is still tied up in the state legislature where the governor and Democrats are at odds over how to pay for the state’s share of the costs.

Supporters' lawsuit, filed to force the LePage administration to begin implementing expansion with the federal government, had its first day in the Maine Supreme Court on Wednesday.

A superior court last month ruled against the governor and the administration appealed. Wednesday's hearing was specifically about whether to keep the expansion law on hold while the court handled the appeal of that lower court ruling.

The justices, however, were eager to get into details of the case, and had lots of questions about money and whether funding for the program has to be in place before the administration could implement it.

The governor’s lawyer insisted that the expansion program cannot begin until the governor and legislature have agreed in funding for the state share of the vests. That has not happened, and the governor vetoed the funding plan from Democrats in the legislature.

Attorney Patrick Strawbridge said the court seemed sympathetic to his argument.

"I think they were right to be concerned that the state not embark on a binding commitment to the federal government [to implement expansion] without the appropriation being in place," he said. "I’m encouraged by the argument."

Medicaid supporters, however, said the governor is simply trying to block and delay a lash down he doesn’t like.

"Regardless what the court decides the law is the law,” said Robyn Merrill of Maine Equal Justice Partners. "The voters enacted the law, people will access health coverage, it’s a question of when. And that question is important because we’re talking about peoples live and health coverage."

The justices will decide what happens next — whether the case gets sent back to the lower court for more work on the funding question, or if everything waits for the appeal hearing, which some attorneys said could take several months to complete.

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