Re: Nebraska gift needs returning,” Jan. 3 guest commentary by Colorado Attorney General John Suthers.
As a U.S. senator, I’ve said that I will put Nebraska first, Nebraska always, but not Nebraska only. That remains the case with questions about how the Senate health care bill dealt with an underfunded mandate for expanding Medicaid.
Unfortunately, a few facts were overlooked in pursuit of a good story. About a week before the bill passed, I brought to the attention of Senate leaders that beginning in 2017, substantial cost for the Medicaid expansion would shift to the states. I was concerned about the impact on all states, with seeing the federal government pass on mandates and little or no money to carry them out.
I proposed to Senate leaders that the health reform bill be changed, giving every state an opportunity to opt in to the cost of new Medicaid expansion responsibilities. That way, they could choose to pay the costs, or avoid this unfunded mandate.
My concerns were underscored by a letter Nebraska Gov. Dave Heineman sent to me, saying: “The state of Nebraska cannot afford an unfunded mandate . . . of this magnitude.” I responded that I agreed, and had proposed an opt-in mechanism providing an opportunity for relief for the states beginning in 2017, when federal funds would be reduced.
In the absence of a fiscal analysis from the Congressional Budget Office, Senate leaders were unable to accept my provision. Instead, they gave fiscal relief to Nebraska, which has been misinterpreted by many, including some attorneys general. Regardless of the language in the bill, my intent has been and remains clear. Every state should be treated the same.
I pointed this out on Dec. 22, in a speech on the Senate floor about the provision. “It is in fact an opportunity to get rid of an unfunded federal mandate for all the states. Let me repeat that: For all the states . . . . What we’ve done is we’ve drawn a line and said that this is unacceptable for all states.”
Now, during the Senate and House conference committee negotiations, an effort must be made to treat all states equally and fairly concerning the Medicaid expansion. At the end of the day, whatever Nebraska gets will be available to all states.
Hopefully, this will eliminate any misunderstanding about my recent efforts. The next steps will occur during the conference negotiations. I am working for and expect a solution that will not apply to only a single state, but equally to every state.
Ben Nelson is a Democratic U.S. senator from Nebraska.



