Lt. Gov. Kinder files lawsuit against health care law

Citing an attempt to protect the Missouri and U.S. constitutions, Lt. Gov. Peter Kinder filed a lawsuit in Cape Girardeau on Wednesday challenging the federal health care legislation.

He filed the lawsuit at 8 a.m. and spoke to a group of supporters outside Rush H. Limbaugh Sr. U.S. Courthouse later in the morning.

"It contains some of the most sweeping mandates" passed by Congress, he said.

Lt. Gov. Peter Kinder speaks at a news conference Wednesday, July 7, 2010 outside the Rush H. Limbaugh, Sr. United States Courthouse in Cape Girardeau. Kinder discussed filing a legal challenge against the recently enacted federal health care law. (Fred Lynch)

In the spring, Kinder announced he would take legal action against the federal legislation. He delayed the lawsuit to research the topic and raise funds.

Kinder filed the lawsuit in an official capacity as an advocate for senior citizens and as a private taxpayer. Three other plaintiffs joined his efforts -- Julie Keathley, the mother of an autistic child from Dexter, Mo.; Dale Morris, a 75-year-old woman from St. Louis with several medical conditions; and Samantha Hill, a Johnson County woman in her early 20s.

Kinder said he wants to challenge parts of the law that make coverage more expensive and less comprehensive.

"She is forced to purchase health insurance she neither needs nor wants," he said, referring to the young woman. Kinder questioned the law's effect on Missouri's budget as it faces more cuts in the future. He said the state will be penalized for its recently passed a requirement for coverage of autism because it exceeds federal requirements.

A couple of hours later, Gov. Jay Nixon celebrated the legislation with autism advocates and university officials at the grand opening of the Southeast Missouri State University Center for Diagnosis and Treatment.

Afterward, he said insurance coverage of autism is now the law and backed by the state.

"We have broad coverage," he said. "We'll back that coverage up."

Kinder solicited donations for the privately funded lawsuit. He established a not-for-profit organization, Healthcare in Action, Inc. to collect donations. He said he raised "a few thousand dollars" but does not have enough to cover legal expenses.

"It could get well into the six figures," he said. Lawyer Thor Hearne will represent Kinder and the other parties involved in the lawsuit. He is from the Washington, D.C., firm Arent Fox.

Kinder said he will disclose his list of donors later this year but did not say when. Kinder spokesman Gary McElyea said the list includes more than 100 donors.

Kinder also challenged another statewide movement to disclose its funding sources. A lawsuit has been filed to block the Aug. 3 vote on the statewide referendum to challenge the federal health care mandate. The referendum was passed by the state legislature earlier this year and will go before voters during the primary.

abusch@semissourian.com

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