The Arizona Court of Appeals has affirmed the Maricopa County Superior Court decision upholding former governor Jan Brewer’s Medicaid (AHCCCS) expansion plan in 2013. The Arizona Capitol Times (subscription required) reports, Arizona appeals court says Medicaid expansion law is constitutional:
The appellate court in its opinion (.pdf) said the law imposed an assessment that is exempt from the requirement that any act by lawmakers increasing state revenues, such a tax hike, must get a two-thirds vote in the Legislature [the “Two-Thirds for Taxes” amendment, Prop. 108 (1992)].
The health care law was approved by a simple majority.
At issue is the assessment on hospitals, which the state uses to draw down matching federal funds.
The law has allowed Arizona to expand eligibility to residents who earn between 100 and 138 percent of the federal poverty level.
In 2015, Maricopa County Superior Court Judge Douglas Gerlach also upheld the law, ruling that the hospital assessment that funds the program is not subject to Arizona Constitution’s supermajority provision.



