Tea party activists have asked a judge to resolve a lawsuit over the legality of the Kentucky Health Benefit Exchange by granting a summary judgment.
Irvine attorney Michael Dean filed a motion Thursday asking that Franklin County Circuit Judge Phillip J. Shepherd rule in favor of the activists. They also want a permanent injunction that would essentially shut down the exchange, a product of the federal health care overhaul intended to help uninsured people arrange health insurance coverage.
Attorneys for the state asked last month that the tea party lawsuit be dismissed. But Shepherd refused.
Kentucky Health Benefit Exchange is set to begin open enrollment Oct. 1, and the exchange starts operation Jan. 1.
The tea party has won the first round in a lawsuit that questions the legality of the Kentucky Health Benefit Exchange that Gov. Steve Beshear set up last year by executive order.
Franklin County Circuit Judge Phillip J. Shepherd refused to dismiss the lawsuit on Thursday, as had been requested by attorneys for the state.
The state argued unsuccessfully that taxpayers don’t have legal standing to challenge the legality of the Kentucky Health Benefits Exchange, which is intended to help uninsured people arrange insurance coverage under the federal health care overhaul.
Tea party activist David Adams filed the lawsuit last month, claiming Beshear created the exchange without necessary legislative approval. Adams wants Shepherd to order work on the exchange to cease.