How Can I Opt Out of ACA?


While the Supreme Court upheld the Constitutionality of the individual mandate, it provided states two opportunities to opt out of portions of Obamacare (the so-called “Affordable Care Act”).  You can contact your legislators and your Governor and urge them to opt out of Obamacare!

Click on the tabs below to view more information about which states have implemented or opted out of ACA.

Opt out of State Implemented Exchange

Where Things Stand

Under the healthcare law, states must have insurance exchanges in place by 2014.  States have the flexibility to implement their own exchange or create a regional exchange in conjunction with other jurisdictions and states but are prohibited from setting up exchanges that compete with one another.  In the event that a state does not take steps to begin setting up an exchange by January 2013, the Federal Government will step in and set one up on the state’s behalf as mandated by the Affordable Care Act.

As of mid-July 2012, 41 states along with D.C. have introduced legislation that would establish a state exchange program.  Among them, ten states and D.C. have enacted such into law, while another four have the authority to create such an exchange.  To date, exchange establishment legislation has failed to move forward in 22 states.

What follows is an inventory of where each state is in the process of enacting and/or implementing an exchange in the state. Please check back frequently for updates as the matrix that follows is an evolving inventory.

Where The States Stand:

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Opt Out of State Medicaid Expansion

Where Things Stand:

One of the states’ central arguments against the Affordable Care Act rested with the sections of the bill requiring a massive expansion of state Medicaid programs. The Supreme Court’s decision allows states to opt out of the provision requiring this expansion. Specifically, the Supreme Court struck down the provision of the Affordable Care Act that would have allowed the federal government to withhold all Medicaid funding for states that refused to participate in this Medicaid expansion. The Medicaid program is jointly funded by federal and state governments, and for many states, represents the largest line item in their state budgets. Furthermore, the expanded federal funding is only assured through 2014, which is the genesis for many governors either rejecting or leaning towards a rejection of this expansion. Given this reality, in most states, buy-in is required by both the governor and the legislature when addressing the expansion.

Already, Governors in ten states have indicated their intention to opt out of this massive expansion of government.

Below is an inventory of where each state stands on the Medicaid expansion piece of the Affordable Care Act. Please check back frequently for updates as the matrix that follows is an evolving inventory.

Where The States Stand:

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Coming soon is checklist of activities that citizens can utilize to encourage an opt out of the exchange and the Medicaid expansion.