Court revives challenge to Arizona Medicaid plan - FOX 10 News | fox10phoenix.com

Court revives challenge to Arizona Medicaid plan

Posted: Updated:
By BOB CHRISTIE
Associated Press

PHOENIX (AP) - The Arizona Court of Appeals has revived a lawsuit challenging Gov. Jan Brewer's expansion of the state's Medicaid insurance plan for the poor.

The court ruled Tuesday that lawmakers have the right to sue over a hospital assessment that funds the expansion. Republicans in the House and Senate sued last year over the assessment, arguing that it is essentially a tax that required a two-thirds majority vote to pass. Only a bare majority passed the expansion.

A Maricopa County judge in February dismissed the case, saying lawmakers did not have the right to sue. The judge said it is the legislature itself that decided if a super majority vote is needed.

But the appeals court rejected that decision and sent the case back to Judge Katherine Cooper for more action.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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