A deal for Adams County.
Obamacare trumps the Ohio Constitution. Yes, you read that right.
Attorney General Mike DeWine said in a legal opinion to Adams County Prosecutor David Kelley that Obamacare, otherwise known as the Patient Protectionand Affordable Care Act (ACA), trumps the Ohio Constitution on the limited point of giving in-term raises to county officials.
Kelley asked DeWine's legal opinion about how to deal with the fact that county elected officials canget a better deal on insurance deductibles under the ACA thanthe county's previous insuranceplan. The county plan deductible was $7,500 for a single person and $15,000 for a family, while the ACA limitsdeductibles to no more than$6,350 for an individual and $12,700 for a family.
Bottom line: county officeholders were better off under ACA to the tune of $1,150 forsingle and $2,300 for family coverage.
That presented a problem, Kelley said, because the Ohio Constitution forbids elected officials from getting raises while they are in the same term in office.A public official's health insurance is considered part of their compensation, so technically Adams County officials would be getting a raise.
Indensely worded 10-page ruling, DeWine said that in this limited situation,"conflict preemption" means that ACA over-rules the Ohio Constitution, making it okay for Adams County officials to get thecheaper insurance.
DeWine's opinion is here.