New York Democrats and the House Judiciary Committee’s top Democrat said GOP leaders’ enticement to win the healthcare votes of Republicans from the Empire State is unconstitutional.
“In a desperate attempt to pass this unconscionable bill, Speaker Ryan and the House Republican leadership have offered to include the Faso-Collins amendment in order to gain the support of vulnerable New York Republican members,” stated New York Reps. Joe Crowley, Hakeem Jeffries, Jerrold Nadler and Louise Slaughter and Michigan’s John Conyers, Jr.
“This blatant vote buying represents the worst side of Washington politics,” they continued. “In fact, many Republican attorneys general called a similar provision in 2009 ‘constitutionally flawed’ and ‘violating the most basic and universally held notions of what is fair and just.'”
Judiciary Committee Democratic staffers analyzed the provision Democrats’ deride as the “Buffalo Bribe” that only affects New York state and would shift Medicaid costs from the counties to the state. The change was an incentive aimed at upstate moderates who are upset that counties have to contribute to Medicaid, which can affect spending in their districts.
However, it does not apply to New York City.
“By singling out New York State — even though 15 other states have similar systems for sharing Medicaid costs — and forcing New York to give up its core sovereign power to decide how it will raise funds for its own share of Medicaid, this measure is unconstitutional,” the Democrats stated. “This is why we believe New York State would be well within its rights to challenge the provision in court, as Governor [Andrew] Cuomo has suggested.”
Crowley, the House Democratic Caucus chairman, said the provision would “deny federal matching funds on any Medicaid dollars raised from counties and provide a powerful incentive for New York State to discontinue requiring county contributions altogether.”
The addition gained leadership at least four votes but lost them at least one — Rep. Dan Donovan, whose district includes Staten Island.
“The proposed amendment exempts New York City, putting an unfair and disproportionate burden on city residents to fund the entire state’s share of the Medicaid bill,” Donovan wrote in an op-ed published Wednesday. “That’s wrong. I cannot support a deal that gives our district short shrift.”
Although Rep. John Faso co-authored the amendment and will vote for the leadership’s plan to partially repeal and replace the Affordable Care Act, he said the bill is far from perfect.
“It’s a very difficult bill,” he told the Washington Examiner. “There are things in it that I don’t like. I don’t like the removal of funding for public health programs; I think that’s shortsighted and counter-productive. I didn’t think it was smart to remove the funding … for Planned Parenthood [because] I think it makes it more difficult to pass the bill in the Senate. But the majority of my colleagues on the Republican side think otherwise.”
“So, you know, I’ve tried to look at this carefully from all perspectives to figure out what’s going to be best for the country and best for my district,” Faso said.
